Union City Zoning Code

Union City, California

Zoning Code — Title 18 Zoning

Source: ecode360.com

Chapter 18.04 GENERAL PROVISIONS (§ 18.04.010 – § 18.04.210)

This title shall be known, cited and referred to as "the City of Union City Zoning Ordinance."

(Ord. 55-64 § 1.0, 1964; Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

The purpose of this title is to bring into reality the proposals of the General Plan and to accomplish the following:

A.

To promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people;

B.

To divide the City into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land for residence, business, industrial and other specified uses;

C.

To protect the character and maintain the stability of residential, business and industrial areas within the City, and to promote the orderly and beneficial development of such areas;

D.

To encourage the provision of a variety of housing types and prices to meet the needs of all economic segments of the City, and to provide adequate light, air, privacy and convenience of access to property;

E.

To regulate the intensity of use of zoning lots, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and protect the public health;

F.

To establish the building lines and the location of buildings designed for residential, business, industrial, or other uses within such lines;

G.

To fix reasonable standards to which buildings and building additions shall conform, and to promote and encourage energy-conserving measures for residential, commercial, and industrial structures consistent with improving and maintaining standards of good design and appearance as set forth in this title;

H.

To prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts;

I.

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed under this title;

J.

To limit congestion in the streets and so protect the public health, safety, convenience and general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles;

K.

To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

L.

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and the bulk of buildings in relation to the land surrounding them;

M.

To conserve the taxable value of land and buildings throughout the City; N.

And to define and limit the powers and duties of the administrative officers and bodies as provided in this title.

(Ord. 55-64 § 1.1, 1964; Ord. 55.229-81 § 2, 1981; Ord. 670-06 § 3, 2006)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, morals and general welfare.

The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed in this title, except in such particulars or matters as this title is more restrictive than such other ordinance or part thereof, and that in all particulars wherein this title is not more restrictive, each such other ordinance shall remain in full force and effect.

(Ord. 55-64 § 1.2, 1964; Ord. 670-06 § 3, 2006)

In their interpretation and application, the provisions of this zoning title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(Ord. 55-64 § 5.0(A), 1964; Ord. 670-06 § 3, 2006)

Where the conditions imposed by any provisions of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any

other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. (Ord. 55-64 § 5.0(B), 1964; Ord. 670-06 § 3, 2006)

This title is not intended to annul any permits issued prior to the effective date of the ordinance codified herein nor to abrogate any easement, covenant or any other private agreement provided that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this title shall govern. (Ord. 55-64 § 5.0(C), 1964; Ord. 670-06 § 3, 2006)

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of first obtaining a use permit; provided, however, that the routes of proposed electric transmission lines shall be submitted to the Planning Commission for recommendation prior to acquisition of rights-of-way therefor. (Ord. 55-64 § 5.0(D), 1964; Ord. 670-06 § 3, 2006)

The erection, construction, alteration or maintenance, of service facilities by an operator, shall be allowed in any district, subject to the following definitions, requirements, restrictions, limitations and standards in Sections 18.04.090 through 18.04.140.

(Ord. 55-64 § 5.0(E), 1964; Ord. 55.9-65 § 2, 1965; Ord. 670-06 § 3, 2006)

"Operator"

as used in this title means any public utility, corporation or other private business entity, municipal corporation or other governmental agency.

"Service facilities"

as used in this title means underground or overhead electrical, gas, petroleum products, steam or water transmission systems; collection, communications, supply or disposal transmission systems; including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith. (Ord. 55-64 § 5.0(E) (1, 2), 1964; Ord. 55.9-65 § 2, 1965; Ord. 670-06 § 3, 2006)

Any proposal by an operator (not already having a franchise or other effective permission so to do) to place service facilities in, upon, under or over public streets shall be submitted to the City Manager prior to the granting of any encroachment permits pursuant to Chapter 12.08. The City Manager shall, within 30 calendar days of the receipt of any such proposal, report to the City Council the fact of such proposal and any pertinent information regarding the granting of a franchise, license, or permit for the proposed use of the streets or other privilege. If the City Council determines to require a franchise, license or special permit as a condition to the use of the streets or other privilege to be granted by the City, the provisions of Sections 6000 et seq. of the Public Utilities Code of the State of California or any other applicable provisions of law shall pertain to such franchise, license, or permit. If the City Council determines that a franchise, license, or special permit is not necessary to provide for the best interests of the City, or that a requirement for such a franchise, license or special permit is precluded by applicable law, the matter shall be referred back to the Public Works Department for the granting of encroachment permits pursuant to Chapter 12.08.

(Ord. 55-64 § 5.0(E) (3), 1964; Ord. 55.9-65 § 2, 1965; amended during 1990 republication; Ord. 670-06 § 3, 2006)

Any proposal by an operator to place service facilities in locations which are not within public streets, shall be allowed only if a conditional use permit has been obtained. The Planning Commission may grant a conditional use permit for use of land for such service facilities pursuant to provisions of this title, giving particular consideration to the effect of the location and manner of operation of the service facilities upon

future developments of the City's public street system and privately owned lands within the undeveloped and growing areas in which such service facilities will be located.

(Ord. 55-64 § 5.0(E)(4), 1964; Ord. 55.9-65 § 2, 1965; Ord. 670-06 § 3, 2006)

Any proposal as aforesaid which includes the placing of service facilities in, upon, under or over both public streets and private lands shall comply with the provisions of Section 18.04.110 regarding submission to the Planning Commission, prior to submission pursuant to Section 18.04.090(A), regarding franchise, license or special permit considerations by the City Council.

(Ord. 55-64 § 5.0(E)(5), 1964; Ord. 55.9-65 § 2, 1965; Ord. 670-06 § 3, 2006)

Sections 18.04.040 through 18.04.140 shall not apply to feeder type service facilities providing a direct connection between the consumer of a public utility and major distribution lines or mains, nor to existing service facilities located within the City, nor to service facilities which are erected, constructed, altered or maintained in connection with any subdivision approved pursuant to the subdivision ordinance (Title 17). (Ord. 55-64 § 5.0(E)(6), 1965; Ord. 670-06 § 3, 2006)

No provision of Sections 18.04.040 through 18.04.130 shall be deemed to relieve any person from compliance with other applicable provisions of law such as (but not limited to) Sections 65552 and 65703 of the Government Code.

(Ord. 55-64 § 5.0 (E)(7), 1964; Ord. 55.9-65 § 2, 1965; Ord. 670-06 § 3, 2006) It is the intention of the City Council that the severable provisions of this zoning title are severable, in accordance with the following:

A.

If any court of competent jurisdiction shall declare any provision of this title to be invalid, such ruling shall not affect any other provision of this title not specifically included in said ruling;

B.

If any court of competent jurisdiction declares invalid the application of any provision of this zoning title to a particular property, building or other structure, such ruling shall not affect the application of said provision to any other property, building or structure not specifically included in said ruling.

(Ord. 55-64 § 5.1, 1964; Ord. 670-06 § 3, 2006)

Except as may otherwise be provided in Chapter 18.16, any uses of land or buildings established hereafter, and any enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(Ord. 55-64 § 5.2, 1964; Ord. 670-06 § 3, 2006)

Prior to the annexation of any territory to the City, a plan for zoning the area to be annexed shall be forwarded to the City Council by the City Planning Commission.

(Ord. 55-64 § 5.3, 1964; Ord. 670-06 § 3, 2006)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title, shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his/her assignee, heir or devisee.

(Ord. 55-64 § 11.11, 1964; Ord. 670-06 § 3, 2006)

A.

Permitted Uses. Permitted uses are as listed for each zoning district.

B.

Conditional Uses. Conditional uses as listed for each zoning district shall be permitted upon granting of a use permit.

C.

Prohibited Uses. The following uses are prohibited in all zoning districts.

1.

Uses Not Listed. A use that is not listed as a permitted or conditionally permitted use is not a permitted use, unless a similar-use determination is made by the Director, Zoning Administrator or Planning Commission as provided in the particular zoning district.

2.

Prohibited Uses. The following uses are prohibited in all zoning districts.

a.

Vapor bar/lounge, as defined in Section 18.08.612.

b.

E-cigarette bar/lounge, as defined in Section 18.08.242.

c.

Hookah bar/lounge, as defined in Section 18.08.282.

3.

Permits. No permits or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved or issued for the establishment or operation of a prohibited use in the City of Union City. (Ord. 791-13 Exh. A § 8, 2013; Ord. 814-16 § 2, 2016; Ord. 847-17 § 4, 2017)

Chapter 18.08 DEFINITIONS (§ 18.08.010 – § 18.08.702)

In the construction of this title, certain words and terms are defined as follows:

Words used in the present tense include the future tense, and words used in the singular number include the plural, and the plural the singular;

"Building"

includes all other structures of every kind regardless of similarity to buildings;

"City"

as used in this title means the City of Union City, California;

"Lot" includes the words "piece" and "parcel"; "May" is permissive; "Shall"

is mandatory and not discretionary;

"Used for"

includes the phrases arranged for, designed for, intended for, maintained for and occupied for. (Ord. 55-64 § 2.0, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006) "Adult business" or "adult use entertainment" means:

A.

Any business establishment or use which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult figure modeling studio; or

B.

Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult oriented merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to sexual activities or "specified anatomical parts," but not including those uses or activities which are preempted by State law; or

C.

Adult-oriented hotel, which means a hotel, motel or similar commercial establishment that: 1.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe sexual activities or "specified anatomical areas" as one of its principal business purposes; or

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

3.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

(Ord. 670-06 § 3, 2006)

An "alley" is a public way which affords a secondary means of access to abutting property which has been dedicated for public use.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Small animal" means an animal typically no larger than three and one-half (3.5) feet in height or 250 pounds. This term includes fish, birds, and chickens, and any mammal customarily kept as a domestic pet within a dwelling unit.

(Ord. 882-21 § 4, 2021)

An "amateur radio antenna" is a ground-, building-, or tower-mounted antenna operated by a Federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC) (or foreign equivalent).

(Ord. 764-11 § 2, 2011)

"Antique store" means a place used for the sale or trading of articles, which are 50 years old or have collectible values. Antique store does not include "second hand store."

(Ord. 670-06 § 3, 2006)

An "apartment" is a room or suite of rooms used as a dwelling for one family which does its cooking therein.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

An "arcade" is any establishment, room or place with four or more coin-operated or computer gaming amusement devices available to the public and where the playing of such devices is the principal activity of the premises.

(Ord. 55.250-83 § 2, 1983; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015) An "arcade (accessory)" is the operation of three or fewer coin-operated or computer gaming amusement devices where such devices are clearly accessory to the principal business of the establishment and occupy no more than 10% of the gross floor area.

(Ord. 55.250-83 § 2, 1983; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015) See "Motel" definition.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

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

(Ord. 915-23 § 4, 2023)

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

(Ord. 915-23 § 4, 2023)

Automobile washing or "car wash" means a place where motor vehicles are vacuumed, cleaned, washed and/or waxed and may include the use of a conveyor, and blower or steam cleaning device. (Ord. 670-06 § 3, 2006)

An "awning" is a roof like cover temporary in nature which projects from the wall of a building and overhangs the public way.

(Ord. 55-64 § 2.1, 1964; Ord. 670-06 § 3, 2006)

A "bakery" is an establishment which engages in the sale of breads or other baked goods, whether baked on-site or at another location. A bakery shall be considered a food use if the breads and baked goods are packaged for immediate consumption. Any establishment whose breads and baked goods are predominantly sold at retail from a different location or locations shall be deemed a wholesale and/or manufacturing use, subject to the regulations of the district in which it is located.

(Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Balusters" means vertical braces, often decorative posts, providing support for a railing.

==> picture [367 x 342] intentionally omitted <==

Figure 18.08.072: Balusters

(Ord. 917-23, 9/26/2023)

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

(Ord. 915-23 § 4, 2023)

"Bar" means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant. Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

(Ord. 809-15 § 4, 2015; Ord. 915-23 § 4, 2023)

"Bed and breakfast establishment" means a building of residential character containing no more than five sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding 14 calendar days in

any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.

(Ord. 55.271-86, 1986; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015; Ord. 915-23 § 4, 2023)

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

(Ord. 683-07 § 1, 2007; Ord. 809-15 § 4, 2015; Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023) "Bingo games" means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

is of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015; Ord. 915-23 § 4, 2023) "Biotechnology" is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.

(Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015; Ord. 915-23 § 4, 2023)

A "block" is a tract of land bounded by streets, or a combination of streets, public parks, cemeteries, railroad rights-of-way or shore lines of waterways or corporate boundary lines of the City. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Boardinghouse" means an establishment where lodging, or lodging with meals, is provided to no more than two persons for compensation and by prearrangement for a period of one month or more, and shall not include the following: separate cooking facilities, meals without lodging, counseling, medical care (including, but not limited to, nursing, therapeutic or rehabilitative care), bed care, supervision and other special care or service.

(Ord. 670-06 § 3, 2006)

"Body art" means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition shall not include the piercing of ear lobes.

(Ord. 670-06 § 3, 2006)

"Breezeway" means a structure for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site, where less than 50% of each side of the structure is enclosed with any material other than that necessary for roof supports.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "building" is any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is affixed to the land.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Building frontage" means the face of a building that is parallel to or is at a near parallel angle to a public right-of-way.

(Ord. 917-23, 9/26/2023)

"Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable, gambrel or hip roof.

(Ord. 55-64 § 2.1, 1964; Ord. 55.154-76 § 2, 1976; Ord. 457-95 § 2, 1995; Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "principal building" is one in which a principal use of the lot, on which it is located, is conducted.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Building site" means a piece or parcel of land, occupied or intended to be occupied, or capable of being occupied, by a permitted principal building or a group of such buildings and accessory structures, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this Code and having frontage on a dedicated public street or on a private street which has been approved by the City Council, or on a publicly owned plaza, mall or parking facility.

(Ord. 457-95 § 2,, 1995; Ord. 670-6 § 3, 2006)

"Business services" means a facility that provides support services for businesses or the public for a fee. These services include copying, printing, mailing, design, data processing and sign shops, etc. (Ord. 915-23 § 4, 2023)

"Bulk" is used to indicate the size, setbacks and location of buildings with respect to each other, and includes the following:

A.

Area of building;

B.

Location of exterior walls at all levels in relation to lot lines, streets or to other buildings; C.

Gross floor area of buildings in relation to lot area; and

D.

All open spaces allocated to buildings.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Carport" means an accessory structure or portion of a main structure having a roof but open on two or more sides and designed for the storage of motor vehicles.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006) See "Automobile washing" definition.

(Ord. 670-06 § 3, 2006)

"Cellular phone store" is a retail store utilized primarily for the sale of cellular phones, phone accessories and phone service.

(Ord. 670-06 § 3, 2006)

"Check cashing" means a business whose primary purpose is to provide services such as check cashing and deferred deposit transactions. Check cashing facility does not include a State or Federally chartered bank, savings association, credit union, or industrial loan company. (Ord. 670-06 § 3, 2006)

"Clearance center" is a discount retailer that sells merchandise that is typically the result of manufacturer overproduction, manufacturer discontinuation (close-out), irregular production, cancelled orders, and/or liquidated merchandise from companies that need to reduce their inventories.

(Ord. 670-06 § 3, 2006)

"Coin-operated amusement devices" means any amusement machine or device operated by means of the insertion of a coin, token, or similar object for the purpose of amusement or skill and for the playing of which a fee is charged. Coin-operated amusement device does not include vending machines in which are not incorporated gaming or amusement features, nor does the term include any coin-operated mechanical musical device, kiddy rides or similar non-game amusement.

(Ord. 55.250-83 § 2, 1983; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "comedy club" is a commercial establishment that offers comedy stage shows and either charges a fee for admission or requires a purchase of items at the venue.

(Ord. 809-15 § 4, 2015)

Any facility, place or building where non-medical care and supervision of children, adolescents, adults or elderly persons is conducted under license from the California State Department of Social Services (SDSS), but not including hospitals, skilled nursing facilities, nursing homes, rest homes, foster homes, large family day care homes, or pre-schools.

(Ord. 670-06 § 3, 2006)

"Company vehicle" means a vehicle utilized in the day to day operations of a permitted or conditional use. This definition does not include vehicles utilized by employees to get to and from the premises.

(Ord. 702-08 § 2, 2008)

"Conditioned space" means an area inside a building where temperature and humidity are controlled, that meets the Building Code definition of conditioned space, and is designed suitable for residential or nonresidential occupancy.

(Ord. 917-23, 9/26/2023)

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

(Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

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

(Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

"Contractor services" means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors. (Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

"Convenience market" means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than 3,000 square feet. Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

"Cornice" means an ornamental course or molding at the top of a wall or under the roof.

==> picture [518 x 328] intentionally omitted <==

Figure 18.08.180: Cornice

(Ord. 917-23, 9/26/2023)

A "court" is an open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Cybercafé" means a café, coffee or espresso shop, or similar food and/or beverage-serving place where five or more computers are provided for use by customers, not including WIFI (wireless fidelity) availability for personal computer use. Some cybercafés allow customers to use the computers at no charge; others charge by the hour or fraction of an hour.

(Ord. 670-06 § 3, 2006)

"Depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

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

(Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

"Discount club" is a discount store or warehouse where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items; many items are sold in large quantities or bulk. (Ord. 688-07 § 2, 2007)

"Dollar store" is a discount retailer that generally sells merchandise for one dollar or less that is typically the result of manufacturer overproduction, manufacturer discontinuation (close-out), irregular production, cancelled orders, and/or liquidated merchandise from companies that need to reduce their inventories.

(Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007)

"Drive-in establishment" means any place or premises where a substantial portion of the business conducted involves the sale, dispensation or serving of food, beverages or merchandise, or the provision of services or entertainment to vehicles and/or their occupants, where there is little or no separation of pedestrian or vehicular traffic. Included as well are establishments reached by vehicles from which customers exit to serve themselves directly or indirectly. The customers may consume food or beverages on the premises. Drive-in establishments include, but are not limited to, drive-in theaters, drive-through milk and photo sales, drive-in restaurants, conveyor and non-conveyor automobile washing operations, commercial off-street parking lots, automobile service stations, banks providing drive-up windows, and other similar uses as determined by the Director or his/her designee.

(Ord. 55.112-73 § 3, 1973; Ord. 55.160-76 § 2, 1976; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007)

"Drive-in restaurant" means any establishment serving food or beverage which either utilizes a design or site layout or method of customer service or operating procedure, whereby a substantial portion of all food or drinks sold is served in nonreusable containers or packaging which encourages or assists patrons to consume purchases in motor vehicles while on the premises or to transport purchases elsewhere. (Ord. 55.112-73 § 3, 1973; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "dwelling" is any building or portion thereof which is designed or used exclusively for residential purposes.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Accessory dwelling unit" or "ADU" means an "additional dwelling unit" as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

A.

An efficiency unit.

B.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(Ord. 836-16 § 4, 2016; Ord. 883-21 § 4, 2021; Ord. 2025-002, 3/25/2025)

"Junior accessory dwelling unit" or "JADU" means a "junior accessory dwelling unit" as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:

"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(Ord. 883-21 § 4, 2021; Ord. 2025-002, 3/25/2025)

A "dwelling group" is a group of two or more detached one-family, two-family or multiple dwellings occupying a parcel of land in common with ownership and having yards or courts in common. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "multifamily dwelling" is a building or portion thereof designed or used as a residence for two or more families living independently of each other and doing their own cooking in the building. This definition

includes two-family houses, three-family houses, four-family houses, apartment houses and apartment hotels but does not include automobile courts, trailer parks and tourist camps.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "single-family dwelling" is a detached building designed for or occupied by one family.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "semidetached single-family dwelling" is a building containing only one or two dwelling units with separation at the interior lot line by party walls without openings where applicable or a wholly detached dwelling unit and with side yards being required on only one side.

(Ord. 55.183-77 § 2, 1977; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Dwelling unit" means one or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Eave" means the lower edge of a roof that overhangs the wall below.

(Ord. 917-23, 9/26/2023)

"E-cigarette bar" or "e-cigarette lounge" means any facility, building, structure or location, whether fixed or mobile, where customers utilize a heating element that vaporizes a liquid solution that releases nicotine or flavored vapor within the establishment.

(Ord. 791-13 Exh. A § 9, 2013)

"Electronic cigarette product" means any substance containing nicotine or a flavored liquid solution for vaporization, including any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

• (Ord. 791-13 Exh. A § 9, 2013)

"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.

(Ord. 670-06 § 3, 2006; Ord. 796-14 § 2, 2014; Ord. 2026-002, 1/27/2026)

"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.

(Ord. 915-23 § 4, 2023; Ord. 2026-002, 1/27/2026)

"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.

(Ord. 809-15 § 4, 2015; Ord. 2026-002, 1/27/2026)

"Entranceway, building" means a doorway and threshold providing ingress and egress to a building for persons.

(Ord. 917-23, 9/26/2023; Ord. 2026-002, 1/27/2026)

“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. (Ord. 2026-002, 1/27/2026)

"Façade" means the exterior wall of a building along with its associated windows, entranceway, and projections.

(Ord. 917-23, 9/26/2023)

A "family" is one or more persons occupying a dwelling and living as a single not for profit housekeeping unit as distinguished from a group occupying a hotel, club, boardinghouse, fraternity or sorority house. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "farmers' market" provides the temporary use of a site for the outdoor sales of food and farm produce items from vehicles, booths and/or tables, in compliance with California Food and Agriculture Code Sections 1392 et seq.

(Ord. 670-06 § 3, 2006)

"Flex space" refers to buildings that provide its occupants the flexibility of utilizing the space. Typically, buildings with flex space are single story and have 10 to 25 foot clear ceiling height with dock height and drive-in loading, and extra parking. Space in these buildings can be leased for either retail, office, warehouse, research and development or industrial use provided such uses are compatible with the

primary use(s) of the building and are in compliance with this zoning title. Flex space buildings are designed and marketed as suitable for offices but with space available that is able to accommodate bulk storage, showroom manufacturing, assembly or similar operations. Generally, flex space has storefront type windows in the office area of the space.

(Ord. 670-06 § 3, 2006)

"Floor area" when prescribed as the basis of measurement for off-street parking space and loading berths for any use means the sum of the gross horizontal areas of the several floors of the building or a portion thereof. However, floor area for purposes of measurement for off-street parking spaces does not include floor area devoted to off-street parking or loading facilities including aisles, ramps and maneuvering

spaces.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "food service" use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out, but does not include food stores.

(Ord. 912-23 § 4, 2023)

A "fast food/quick service restaurant" is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. A fast food/quick service restaurant is usually characterized as an establishment in which food is cooked on a customerdemand basis, payment is required prior to consumption, and seating or other physical accommodations for on-premises customer dining, with limited or no table service (no waiters and/or waitresses) is provided. Examples of this type of facility may include, but are not limited to, establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken or fish and chips. Fast food/quick service restaurants may or may not have drive through facilities. (Ord. 670-06 § 3, 2006)

A "full service/sit down restaurant" is an establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. A full service/sit down restaurant is characterized as an establishment in which food is

cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (waiters and/or waitresses).

(Ord. 670-06 § 3, 2006)

A "retail and carry out food store" is a store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. A retail and carry out food store is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer-demand basis; puts such food in non-sealed packages or edible containers; requires payment for such food prior to consumption; and provides limited seating or other physical accommodations for onpremises dining. Examples of this type of facility include, but are not limited to, delicatessens and other

stores with limited seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. A food store is not considered retail and carry out food.

(Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015)

A "food store" is a store that sells foods primarily intended to be taken to another location to be prepared and consumed.

(Ord. 670-06 § 3, 2006)

A "food truck" means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.

(Ord. 915-23 § 4, 2023)

A "gas station marketeer" is:

A.

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

B.

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

(Ord. 55.272-86, 1986; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023; Ord. 918-23, 10/24/2023)

The "grade" is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

(Ord. 55-64 § 2.1, 1964; Ord. 55.154-76 § 2, 1976; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "home occupation" is any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals and kennels, among others, are not home occupations.

me occupation" is any use customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, animal hospitals and kennels, among others, are not home occupations.

Nonresidential uses within live/work residential units are governed by the regulations set forth in Chapter 18.38, Station Mixed Use Commercial (CSMU) District, and are not considered home occupations. There shall be no exterior display, no exterior sign except as allowed in the sign regulations for the district in which such home occupation is located, no exterior storage of materials, and no other indication of the home occupation or variation from the principal residential character of the building.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 803-15 § 3, 2015)

"Hookah bar" or "hookah lounge" means any facility, building, structure or location, whether fixed or mobile, where customers share tobacco from a communal hookah placed throughout the establishment. (Ord. 791-13 Exh. A § 9, 2013)

A "hospital" is a facility for in-patient medical care, which is licensed under the provisions of the California Administrative Code, Title 17, Section 237 or 238 or amendments thereto.

(Ord. 670-06 § 3, 2006)

A "hotel" is a building occupied by or used more or less for a temporary abiding place of individuals in which there are more than five sleeping rooms rented to the general public for overnight or other temporary lodging (for up to 30 calendar days) and provided with or without kitchen facilities.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Incubator space" means a facility managed by a third party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities. (Ord. 915-23 § 4, 2023)

"Landscape" means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Non-living landscaping materials may include existing or imported bark or rock. (Ord. 670-06 § 3, 2006)

A "large family day care home" is an accessory use within the provider's own home which regularly provides care, protection, and supervision of nine to 14 children, inclusive of children under the age of 10 years who reside at the home, for periods of less than 24 hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.

(Ord. 55.323-91, Exh. C, 1991; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "laundromat" is a place where patrons wash, dry or dry clean clothing or other fabrics in machines operated by the patron.

(Ord. 670-06 § 3, 2006)

"Lintel" means a horizontal beam or support across the top of a door or window.

==> picture [432 x 272] intentionally omitted <==

Figure 18.08.297: Lintel

(Ord. 917-23, 9/26/2023)

"Liquor store" means an activity that includes the retail sale of hard liquor for off-premises consumption and is typically found in establishments with long or late hours of operation and in a building of less than 3,000 square feet. Excluded from this definition are convenience markets that sell beer and wine and food stores.

(Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Live/work unit" means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the Building Code and working space reserved for and regularly used by one or more occupants of the unit.

(Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

A "lodging rooming house" is a building other than a hotel where lodging is provided for three or more persons for compensation pursuant to previous arrangements but not open to the public or transients. This definition also encompasses single room occupancy (SRO) housing.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 796-14 § 2, 2014)

"Loggia" means a covered exterior gallery or corridor that is open to the air on one or more sides. A loggia typically runs the length of a building, with columns or arches on the open side.

==> picture [518 x 274] intentionally omitted <==

Figure 18.08.302: Loggia

(Ord. 917-23, 9/26/2023)

"Lot" means a site or parcel of land under single ownership that has been legally subdivided, resubdivided or merged. The term for the purpose of application of this title also includes "parcel" and "site." (Ord. 670-06 § 3, 2006)

The "lot area" is the area of a horizontal plane bounded by the front, side and rear lot lines. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "corner lot" is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 120 degrees.

==> picture [296 x 232] intentionally omitted <==

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "key lot" is a lot, the side lot line of which abuts the rear lot line of one or more adjoining lots.

==> picture [312 x 234] intentionally omitted <==

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The "front lot line" is that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a public way. On a corner lot, the front lot line shall be the shorter of the two street lot lines.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006) The "rear lot line" is that boundary of a lot which is most distant from the front lot line.

(Ord. 55-64 § 2.1, 1964; Ord. 670-06 § 3, 2006)

The "side lot line" is any boundary of a lot which is not a front lot line or a rear lot line.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Reversed corner lot" means a corner lot which has its exterior side yard adjacent to the front yard of the abutting lot (key lot).

==> picture [228 x 203] intentionally omitted <==

• (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "through lot" is an interior lot having frontages on two more or less parallel streets as distinguished from a corner lot.

==> picture [328 x 172] intentionally omitted <==

• (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The "lot width" is the mean horizontal distance between the side lines, measured at right angles to the lot line. Where side lot lines are not parallel, the lot side is the average of the width between such side lot lines. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Lot coverage" means that portion of the lot area covered by a structure.

(Ord. 670-06 § 3, 2006)

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

(Ord. 915-23 § 4, 2023)

A "manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and

complies with the standards established under the National Manufactured Housing Construction and Safety Act.

(Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008)

"Manufacturing and assembly" means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities. (Ord. 915-23 § 4, 2023)

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

(Ord. 915-23 § 4, 2023)

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

(Ord. 915-23 § 4, 2023)

A "mobilehome" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, electrical systems contained therein. "Mobilehome" includes any structure that meets all of the requirements of this definition and complies with the state standards for mobilehomes in effect at the time of construction.

(Ord. 712-08 § 2, 2008)

A "modular home" is a single-family dwelling consisting of sections that are built in a factory, transported to the building site on truck beds for final assembly, and placed on a permanent foundation.

(Ord. 712-08 § 2, 2008)

A "motel" is a building or a group of buildings, containing guest rooms or apartments provided in connection therewith and designed and used primarily for the accommodation of transient automobile travelers.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "nightclub" is a facility that provides amplified live entertainment and/or dancing and serves alcoholic beverages on the premises.

(Ord. 809-15 § 4, 2015)

A "nonconforming building" is a building structure or portion thereof, which does not conform to the regulations of this title for the district in which it is situated.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "nonconforming use" is any use of land, building or structures which does not comply with all of the regulations of this title governing use for the zoning district in which such is located.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "nursing home" is an establishment which provides 24 hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the California State Department of Health Services, including, but not limited to, rest homes and convalescent hospitals, but not Community Care Facilities or Hospitals as defined in this chapter.

(Ord. 670-06 § 3, 2006)

"Off-street loading facilities" means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

An "outdoor advertising sign" is any sign of any kind or character placed for outdoor advertising purposes.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

An "outdoor advertising structure" is any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign is placed.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

An "outdoor dining patio" is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as "private sidewalk café" in Section 18.08.495).

(Ord. 912-23 § 4, 2023)

"Parapet" means an upward extension of a wall at the edge of a roof.

==> picture [495 x 404] intentionally omitted <==

Figure 18.08.482: Parapet

(Ord. 917-23, 9/26/2023)

"Parapet return" means the continuation of a parapet at a right angle toward the building at the end of a parapet face.

==> picture [490 x 432] intentionally omitted <==

Figure 18.08.483: Parapet return

(Ord. 917-23, 9/26/2023)

"Parcel" means a recorded property under single ownership.

• (Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Paseo" means a place or path for strolling designed to provide access through a site but also contains amenities for leisure enjoyment, such as benches and seating areas.

(Ord. 917-23, 9/26/2023)

"Passageway" means an open area providing a path or channel through which something may pass. (Ord. 917-23, 9/26/2023)

A "patio" is a non-habitable recreation area that adjoins a dwelling, is often paved, and is adapted especially to outdoor dining.

• (Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Pawn shop" means a place in which the business of a pawnbroker is conducted. A pawnbroker is any person engaged in the business of receiving goods, including motor vehicles, in pledge as security for a loan.

(Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

"Payday loan facility" means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.

(Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

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

(Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

A "planned unit development" is a tract of land with approved development standards which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations provided by the zoning ordinance, and may include a combination of different dwelling types and/or a variety of land uses which complement each other and harmonize with the existing and proposed land uses in the vicinity. Planned unit developments may be permitted in any residential district, any industrial district, the 511 district, and in the specialty commercial and community commercial districts for mixed-use

(residential and commercial) projects within the Old Alvarado area and Mission Boulevard corridor. Industrial condominium conversions and new industrial condominium projects are also considered planned unit developments.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 917-23, 9/26/2023)

A "pool room/hall" is a building or portion thereof having within its premises three or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token or other mechanical device.

(Ord. 809-15 § 4, 2015)

A "pre-school" means the regular supervision of more than 14 pre-elementary school age children, or use of a site or portion of a site for a group day-care program for more than 12 children other than those residents on the site, including a child care center, day nursery, play group or after-school group. A preschool may serve as the principal use on the property.

(Ord. 670-06 § 3, 2006)

A "private sidewalk café" is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

(Ord. 912-23 § 4, 2023)

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling as defined by California Health and Safety Code Section 11362.2(b)(5) as may be amended.

(Ord. 846-17 § 4, 2017)

A "third-party promoter" is a professional hired to arrange performances for entertainers at venues and publicize events through the press, radio, posters, emails, social media, and/or online advertising. (Ord. 809-15 § 4, 2015)

A "public open space" is any publicly owned open area, including, but not limited to, the following: parks, playgrounds, beaches, waterways, parkways and streets.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Publicly accessible sidewalk" means any walkway that is available to the public on an ongoing basis. (Ord. 917-23, 9/26/2023)

"Commercial recreation facility" means an indoor recreation facility that is operated as a business and open to the general public for a fee, including health club/fitness centers, badminton, racquetball, hockey, soccer, or swimming facilities, and other similar activities determined to be substantially similar to the above by the Economic and Community Development Director.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 809-15 § 4, 2015)

"Private recreation facility" means clubs or recreation facilities for which a membership charge may be made and which are open only to bona fide members and their guests. A private recreation facility may not be open or available to members of the general public.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Research and development services" are establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronics research firms or pharmaceutical or biological research laboratories, and excludes manufacturing, except of prototypes, or medical testing and analysis.

(Ord. 670-06 § 3, 2006)

See "Nursing home" definition.

(Ord. 670-06 § 3, 2006) See "Hospital" definition.

(Ord. 670-06 § 3, 2006)

"Second hand store" and/or "thrift store" means a profit or non-profit business or organization that engages in, or specializes in, the sale or resale of second hand merchandise or goods, and whose goods may be principally donated or sold on consignment.

(Ord. 670-06 § 3, 2006)

"Senior housing" means multifamily housing specifically designed for older people, typically those over 62 years old. Senior housing can include adult retirement communities, assisted living facilities, congregate residences, continuing care retirement communities, and retirement communities.

(Ord. 670-06 § 3, 2006)

A "sensitive use" means a park, playground, public library, recreation center, religious institution, school or youth-oriented establishment.

(Ord. 728-10 § 2, 2010)

"Setback" means the required minimum distance from any point on a property line to the nearest point on the nearest part of the applicable building, structure, or sign.

(Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010)

"Sexually oriented" means of or pertaining to businesses, merchandise, materials, products, services or

entertainment characterized by an emphasis on matters depicting, describing or relating to sexual activities or specific anatomical areas.

(Ord. 670-06 § 3, 2006)

A "sidewalk café" is an outdoor dining area located within the sidewalk area of a public right-of-way that is associated with an adjacent food service use.

(Ord. 912-23 § 4, 2023)

A "site" means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.

(Ord. 670-06 § 3, 2006; Ord. 912-23 § 4, 2023)

A "site-built home" is a single-family dwelling constructed outdoors entirely at the building site.

(Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 912-23 § 4, 2023)

A "site plan review" is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.

(Ord. 912-23 § 4, 2023)

A "story" is that portion of a building included between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story when more than one-half of such basement height is above grade. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "half story" is an uppermost story lying under a sloping roof where the line of intersection of roof decking and wall is not more than three feet above the top floor level, and in which the portion of the gross floor area pertaining to the half story is not more than 50% of the portion of the gross floor area pertaining to the story immediately below it.

(Ord. 670-06 § 3, 2006)

"Private street" means a way for vehicular traffic providing access to lots or units over a common parcel, primarily by the owners or occupants of the common parcel, and necessary service and emergency vehicles, but from which the public may be excluded and which are not maintained by a public agency. (Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "public street" is a public right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a minor street, collector street, major thoroughfare, freeway or other designation, which is improved to City standards, dedicated for general public use and maintained by a public agency. The term "street" shall not include alleys which are used primarily for vehicular service or access to the back or side of properties.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "structural alteration" is any change in the number and width of exits, in the supporting members of a building such as bearing walls, partitions, columns, beams or girders, or any substantial change in the roof. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "structure" is anything constructed or erected, the use of which requires location on the ground or attachment to something on the ground.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Accessory structure" means a subordinate building located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. An accessory structure is not a cargo container, truck trailer, van, commercial vehicle, or other moveable container. In residential districts, accessory structures shall not be used for business purposes or as

additional living space, except as allowed under Chapter 18.34. Accessory structures in residential districts may include, but are not limited to, a shed, garage, accessory dwelling unit, arbor, gazebo, or structure with a roof element with no walls.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 836-16 § 4, 2016; Ord. 883-21 § 4, 2021) "Superstore" is a retail establishment, excluding discount clubs, whose total sales floor area, defined as interior building space devoted to the sale of merchandise excluding restrooms, office space, storage space, and automobile service areas, exceeds 100,000 square feet and which devotes more than 10% of sales floor area to non-taxable merchandise (e.g., products, commodities, or items not subject to California State sales tax).

(Ord. 688-07 § 2, 2007)

"Supportive housing" shall mean housing with no limit on length of stay, that is occupied by a target population, as defined by State law, and linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and/or maximizing his or her

ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(Ord. 796-14 § 2, 2014) See "Second hand store" definition.

(Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007)

"Tobacco product" means any product(s) that is used to consume tobacco or any product that contains any tobacco leaf, including, but not limited to: cigarettes, cigars, cigarillos, blunts, snuff, creamy snuff, dipping/chewing tobacco, flavored tobacco, tobacco water, tobacco paste, gutka, kretek, shisha, roll-yourown cigarettes, cigarette or cigar rolling papers, electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, or pipes.

(Ord. 728-10 § 2, 2010; Ord. 791-13 Exh. A § 9, 2013)

A "retail tobacco store" means a retail store that devotes more than 15% of its total floor area to the sale of electronic cigarette, electronic cigarette products/paraphernalia, tobacco or smoking products and accessories/paraphernalia, but does not provide a lounge for the consumption of tobacco or electronic cigarettes. A retail tobacco store may also be referred to as a smoke shop.

(Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010; Ord. 791-13 Exh. A § 9, 2013)

A "trailer park or court" is any premises on which are parked one or more vehicles designed, intended, arranged or used for living or sleeping purposes, or any premises used or held for the purpose of supplying to the public a parking space for two or more such vehicles, whether such vehicles stand on wheels or rigid supports.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Transitional housing" or "transitional housing unit" shall mean rental housing that requires the termination of assistance and recirculation of the assisted unit to another eligible recipient at some predetermined future point in time, which shall be no less than six months and in no case more than two years. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(Ord. 670-06 § 3, 2006; Ord. 796-14 § 2, 2014)

A "truck terminal" shall include the following:

A.

A facility used by trucks which provides for the storage, maintenance, and/or service of said trucks; or B.

A freight transfer station whereby goods and products are transferred, often directly, from one vehicle to another without the storage of such foods and products on a long-term basis within a warehouse building. (Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The "use" of property is the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

An "accessory use" is one which is accessory to the permitted use and customarily a part thereof, which is clearly incidental and secondary to the permitted use and which does not change the character thereof. (Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Vapor bar" or "vapor lounge" means any facility, building, structure or location, whether fixed or mobile, where customers utilize a heating element that vaporizes a liquid solution that releases nicotine or flavored vapor within the establishment.

(Ord. 791-13 Exh. A § 9, 2013)

A "bay window" is a space enclosed by windows on all sides that projects out from a wall plane of the building to form a recess from within. A bay window is a window that is cantilevered from the main building structure, does not include floor area, and does not have a foundation.

(Ord. 883-21 § 4, 2021)

A "yard" is an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Code, including a front yard, side yard, or rear yard.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Front yard" means the required yard extending along the full length of the front lot line between the side lot lines.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Rear yard" means the required yard extending along the full length of the rear lot line between the side lot lines.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Side yard" means the required yard extending along a side lot line from the front to the rear yard.

(Ord. 55-64 § 2.1, 1964; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Side exterior yard" means the required side yard adjacent to a public or private street, also referred to as the street side yard.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

"Side interior yard" means the required side yard adjacent to another side or rear yard.

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A "youth-oriented establishment" means a private or public establishment that advertises as catering to or providing services primarily for minors and/or minors predominantly patronize or assemble at the establishment.

(Ord. 728-10 § 2, 2010)

"Zone" means a portion of the territory in the City within which certain uniform regulations and

requirements, or various combinations thereof, apply pursuant to this title. Zone shall include the word "District."

(Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006) See "Director" definition.

(Ord. 670-06 § 3, 2006)

Chapter 18.12 DISTRICT CLASSIFICATION (§ 18.12.010 – § 18.12.040)

The following zoning districts are established:

(Ord. 55-64 § 3.0, 1964; Ord. 55.38-68 § 2, 1968; Ord. 55.104-73 § 2, 1973; Ord. 55.107-73 § 2, 1973; Ord. 55.117-74 § 2, 1974; Ord. 55.142-75 § 2, 1975; Ord. 55.224-80 § 2, 1980; Ord. 55.239-81 § 2, 1981; Ord. 55.257-85 § 2, 1985; Ord. 55.259-85 § 2, 1985; Ord. 55.260-85 § 2, 1985; Ord. 55.261-85 § 2, 1985; Ord. 55.263-85 § 2, 1985; Ord. 55.266-86 § 2, 1986; Ord. 55.267-86 § 2, 1986; Ord. 55.268-86 § 2, 1986; Ord. 55.269-86 § 2, 1986; Ord. 55.270-86 § 2, 1986; Ord. 55.276-86 § 2, 1986; Ord. 55.277-86 § 2, 1986; Ord. 55.278-86 § 3, 1986; Ord. 55.279-86 § 3, 1986; Ord. 55.280-86 § 3, 1986; Ord. 55.282-87, 1987; Ord.

55.283-87 § 2, 1987; Ord. 55.287-87 § 2, 1987; Ord. 55.289-87 § 2, 1987; Ord. 55.292-88 § 2, 1988; Ord. 55.295-88 § 2, 1988; Ord. 55.299-88 § 2, 1988; Ord. 55.300-88 § 2, 1988; Ord. 55.301-88 § 2, 1988; Ord. 55.302-88 § 2, 1988; Ord. 55.303-88 § 2, 1988; Ord. 55.305-89 § 2, 1989; Ord. 55.307-89 § 2, 1989; Ord. 55.309-89 § 2, 1989; Ord. 340-90 § 2, 1990; amended during 1990 republication; Ord. 355-90 § 2, 1990; Ord. 357-90 § 3, 1990; Ord. 55.316-90 § 2, 1990; amended during 5/93 supplement; Ord. 523-98 § 2(A), 1998; Ord. 670-06 § 3, 2006; Ord. 903-22 § 4, 2022)

There is adopted the "official zoning map" of the City as on file in the office of the City Clerk. All property within the City is placed in such zoning districts as indicated on the map, and no property shall be used except in accordance with zoning designations on the map and the provisions of this title. The map shall be maintained in the City offices by the City Clerk and duly certified by him/her.

All amendments to the official zoning map shall be noted thereon with the date of the amendment and references to the amending ordinance.

The official zoning map is made a part of this title and may be amended by reference thereto and to this section.

(Ord. 55-64 § 3.1, 1964; Ord. 670-06 § 3, 2006)

Whenever any uncertainty exists as to the boundaries of any district shown upon the official zoning map or any part thereof or amendment thereto, the following provisions shall apply:

A.

Where boundaries are indicated as approximately following the centerline of streets or alleys or the lot lines, such lines shall be construed to be such boundaries;

B.

In the case of unsubdivided property or where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions or legal descriptions, shall be determined by use of the scale appearing on the official zoning map;

C.

Where further uncertainty exists, the Planning Commission upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the official zoning map and the objectives of the zoning title and the purposes set forth in the district regulations.

(Ord. 55-64 § 3.2, 1964; Ord. 670-06 § 3, 2006)

Where a public street or alley or any portion of the same is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the zoning district classification of the property to which it reverts.

(Ord. 55-64 § 3.3, 1964)

Chapter 18.16 NONCONFORMING BUILDINGS, STRUCTURES AND USES (§ 18.16.010 – § 18.16.120)

It is the purpose of this chapter to provide for the regulation of nonconforming uses, buildings and structures.

This title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district, and each of which is based upon the long range, comprehensive general plan. It is necessary and consistent with the establishment of these districts that nonconforming

uses, buildings and structures which adversely affect the development and taxable value of other property in the district not be permitted to increase or expand in size. It is logical and reasonable, and in accordance with the authority delegated by the statutes of the State of California, that a limitation be placed upon the expansion of existing nonconforming buildings and structures.

The use of structure in this chapter includes any improvement upon land, other than the land itself, any part of which is above grade, and includes any sign, whether attached to or upon another structure or to or upon a building or whether affixed directly in the ground, and all such signs as are painted or otherwise applied directly upon the surface of a building.

(Ord. 55-64 § 4.0, 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

Any nonconforming use, building or structure which existed lawfully at the time of the adoption of the ordinance codified in this chapter and which remains nonconforming and any such use, building or structure which becomes nonconforming upon the adoption of the ordinance codified in this chapter or of any subsequent amendments thereto, may be continued, subject to the regulations in this chapter. (Ord. 55-64 § 4.1, 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

he time of the adoption of the ordinance codified in this chapter and which remains nonconforming and any such use, building or structure which becomes nonconforming upon the adoption of the ordinance codified in this chapter or of any subsequent amendments thereto, may be continued, subject to the regulations in this chapter. (Ord. 55-64 § 4.1, 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

The nonconforming use of land not involving a structure or building, or in connection with any building or structure thereon which is accessory to the use of the land, may be continued, subject to the following provisions:

A.

Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies upon the adoption of the ordinance codified in this section or of any subsequent amendment hereto which shall make such use of land nonconforming, except wireless telecommunication facilities co-located on legal nonconforming monopoles may be permitted subject to the provisions of Chapter 18.114;

B.

Discontinuance. If the nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located;

C.

Change of Use. The nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

(Ord. 55-64 § 4.2, 1964; Ord. 413-93 § 2, 1993; Ord. 442-94 § 2, 1994; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 731-10 § 2, 2010)

Any building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of Sections 18.16.050 through 18.16.110.

(Ord. 55-64 § 4.3, 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

A.

A nonconforming building which is nonconforming as to lot coverage or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such nonconforming building and the use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

B.

A nonconforming building or structure may not be altered unless the resulting building or structure conforms to the requirements of the district in which it is located, except as follows: 1.

Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to a building or structure all or substantially all of which is

designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located.

2.

Single-Family Home Additions. A nonconforming building which does not conform to the regulations of the district in which it is located shall not be added to or enlarged unless:

a.

The floor area of the addition is no more than 50% of the square footage of the existing building or structure; and

b.

No new nonconformity will be created and no existing nonconformity will be increased, except as provided for in Section 18.24.050(C) regarding first floor additions to single-family homes with existing legal nonconforming side yard setbacks; or

c.

A variance permit is granted for the nonconforming portions of the existing building or structure and proposed addition to the nonconforming building or structure; or

d.

The nonconforming building was built as part of a planned unit development (PUD) and the proposed addition is consistent with the approved PUD standards; or

e.

The nonconforming building is located within the landmark and historic preservation (LHP) overlay zone. (Ord. 55-64 § 4.3(A), 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 71208 § 2, 2008)

No building or structure which does not conform to all the regulations of the district in which it is located shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is moved and the use is made to conform to all of the regulations of the district in which it is located.

(Ord. 55-64 § 4.3(C), 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

Except as provided for in Section 18.88.085 regarding two-family dwellings in the R 5000 zoning district, a

building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence

exceeds 50% of the cost of restoration of the entire building new, shall not be restored unless the building or structure and the use thereof conforms to all the regulations of the district in which it is located. In the event such damage or destruction is less than 50% of the cost of restoration of the entire building no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

(Ord. 55-64 § 4.3(D), 1964; Ord. 55.274-86 § 4, 1986; Ord. 409-93 § 2, 1993; Ord. 413-93 § 2, 1993; Ord. 442-94 § 2, 1994; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006)

A building, or structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied for a continuous period of six months, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

(Ord. 55-64 § 4.3(E), 1964; Ord. 413-93 § 2, 1993; Ord. 552-00 § 1 (Exh. A (part)), 2000; Ord. 670-06 § 3, 2006)

The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located may only be extended throughout the floor on which the use is presently located, but no changes or structural alterations shall be made except if such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located. Wireless telecommunication facilities co-located on legal nonconforming monopoles may be permitted subject to the provisions of Chapter 18.114.

(Ord. 55-64 § 4.3(F), 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010) The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the same district as the nonconforming use which presently occupies the building or structure or a use permitted in a more restrictive district.

(Ord. 55-64 § 4.3(G), 1964; Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006) Single-family homes lawfully constructed with City permits and located in multifamily districts shall be exempt from the provisions of Section 18.16.050, Repairs—Alterations, 18.16.080, Restoration, and 18.16.100, Expansion.

(Ord. 413-93 § 2, 1993; Ord. 670-06 § 3, 2006)

Chapter 18.24 GENERAL DEVELOPMENT REGULATIONS (§ 18.24.010 – § 18.24.050)

The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(Ord. 55-64 § 5.6(A), 1964; Ord. 670-06 § 3, 2006)

No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from such division or sale shall conform to all the bulk regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved zoning lots in RM 1500 districts, side yard requirements shall not apply between attached buildings.

(Ord. 55-64 § 5.6(B), 1964; Ord. 670-06 § 3, 2006)

No yards now or hereafter provided for a building existing on the effective date of the ordinance codified herein shall subsequently be reduced below, or further reduced, if already less than the minimum yard requirements of this title for equivalent new construction.

(Ord. 55-64 § 5.6(D), 1964; Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

The following shall not be considered to be obstructions when located in the required yards specified: A.

In All Yards: Open terraces not over 18 inches above the average level of the adjoining ground and 120 square feet in area but not including a permanently covered terrace or porch except as allowed by the provisions of the R-5000 zoning district; awnings and canopies; steps, four feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street, or alley;

chimneys projecting 24 inches or less into the yard; recreational and laundry-drying equipment; flag poles; overhanging eaves and gutters projecting 18 inches or less into the yard, except that in no case shall overhanging eaves and gutters be closer than two feet to a lot line;

B.

In Front and Rear Yards: Bay windows projecting three feet or less into the yard;

C.

In Side Yards: First-floor additions to single-family detached houses with existing legal nonconforming setbacks may be built in line with the existing structure as long as a minimum interior side yard setback of five feet and a minimum exterior side yard setback of 10 feet is maintained, except that houses built on a zero lot line shall maintain a minimum setback of 10 feet on the nonzero lot line side of the property.

(Ord. 55-64 § 5.6(E), 1964; Ord. 55.4-65 § 2, 1965; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

Applicability. All development shall meet the standards of this section, except as provided below. 1.

Exceptions. The standards of this section do not apply to the following types of development:

a.

Detached single-family dwellings.

b.

SB 9 housing developments as defined in Chapter 18.31.

c.

Accessory dwelling units as defined in Chapter 18.34.

d.

Development within the following zoning districts:

i.

Industrial Districts (General Industrial (MG), Light Industrial (ML), and Special Industrial (MS)). ii.

Mixed-Use Employment Districts (Station East Employment (SEE) and Corridor Mixed Use Employment (CMUE)).

iii.

Civic Facility District.

iv.

Private Institutional District.

v.

Agricultural District.

vi.

Open Space District.

B.

Building Design Requirements.

1.

Building Orientation. Unless located behind another building, buildings shall be oriented toward the adjacent front or street side lot line with the building frontages parallel to the fronting public right-of-way. 2.

Entrances.

a.

Ground Floor Nonresidential Uses.

i.

There shall be a minimum of one entrance for every 50 feet of building frontage with a maximum separation of 100 feet between entrances.

==> picture [518 x 208] intentionally omitted <==

Figure 18.24.050(B)(2)(a)(i): Nonresidential Entrance Location Requirements

ii.

In buildings located within 20 feet of a front or street side lot line, the primary building entrance shall face a public right-of-way or shall face within 90 degrees of the primary building frontage and be located within 10 feet of a publicly accessible sidewalk.

==> picture [518 x 203] intentionally omitted <==

Figure 18.24.050(B)(2)(a)(ii): Nonresidential Use Entrance Orientation

iii.

VMU District. In the VMU District, double doors shall be required at the primary building entrance. Transom windows shall be provided above the primary building entrance door.

==> picture [341 x 238] intentionally omitted <==

Figure 18.24.050(B)(2)(a)(iii): VMU District Primary Entrance

iv.

Reductions and Exceptions. A reduction or exception to the applicable objective entrance standard for nonresidential uses may be granted by the decision maker subject to both of the following findings:

(A)

The proposed use has certain operational characteristics with which providing the required entrance(s) is incompatible.

(B)

Building walls facing a public right-of-way exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

b.

Residential Uses. Entrances to residential dwelling units shall be designed as individual or shared entrances at the ground floor of the building.

i.

Shared Entrances. All buildings with any exterior entrance that provides access to more than one unit shall provide a minimum of one primary shared entranceway per building in accordance with the following standards:

(A)

In buildings located within 20 feet of a front or street side lot line, the primary shared entranceway shall be oriented to and facing a public right-of-way.

(B)

Primary building entranceways of buildings located in the interior of a site shall be connected to a publicly accessible sidewalk by a walkway with a minimum width of four feet.

(C)

The primary entranceway shall lead to a common area a minimum of 10 feet by 10 feet.

(D)

The primary entranceway shall incorporate one or more architectural features such as windows, sidelights, lighting, or signage into the entranceway.

(E)

The primary entranceway shall be emphasized utilizing at least one of the following methods:

(1)

A roofed projection over the door (such as an awning, canopy, or overhang) with a minimum depth of four feet.

(2)

A recessed entry bay with a minimum depth of four feet.

(3)

A landing, deck, or stoop with a minimum six-foot by eight-foot area; covered by a recess or projection, or combination thereof, a minimum of three feet in depth.

(4)

Incorporating the entrance into an architectural feature that extends two or more feet above the height of the first floor plate vertical mass and is projected or recessed a minimum of one foot from the primary wall plane.

==> picture [518 x 187] intentionally omitted <==

Figure 18.24.050(B)(2)(b)(i)(E): Residential Primary Entrance Emphasis—Shared Entrances

ii.

Individual Entrances. All units accessed through ground level individual entrances from the exterior shall provide a minimum of one primary individual entranceway per unit in accordance with the following standards:

(A)

In buildings located within 20 feet of a front or street side lot line, all individually accessed units located along a public right-of-way shall have a primary entranceway oriented to and facing a public right-of-way.

(B)

All individual primary entrances shall be connected to a publicly accessible sidewalk by a walkway with a minimum width of four feet.

(C)

All entrances located within 10 feet of an adjoining publicly accessible sidewalk shall provide finish floor elevations of between 18 and 42 inches above the adjoining sidewalk.

(D)

The primary entranceway shall include a covered or partially covered landing, deck, porch, or stoop with a minimum four-foot by four-foot area.

(E)

The primary entranceway shall be covered by a recess or projection, or combination thereof, a minimum of three feet in depth.

==> picture [518 x 641] intentionally omitted <==

Figure 18.24.050(B)(2)(b)(ii)(E): Residential Individual Entrances

Roof Design and Articulation. Roof lines shall be varied and designed to minimize the bulk of a building, screen roof-mounted equipment, and enhance the building's architectural design through the following methods:

a.

Minimum Depth of Overhanging Eaves. Overhanging eaves, if provided, shall extend a minimum of two feet beyond the supporting wall.

b.

Roof Line Offset. For buildings with two or more stories, a minimum of one roof line offset of at least 18 inches in height and 20 feet in length shall be provided for every 120 feet of façade length, except as provided below for parapet roofs.

==> picture [518 x 392] intentionally omitted <==

Figure 18.24.050(B)(3)(b): Roof Line Offset

c.

Parapet Roofs.

i.

For buildings with two or more stories, parapet roofs shall provide either the minimum offset pursuant to Subsection (B)(3)(b) above, or shall provide a roof line offset of at least 18 inches in depth and 20 feet in length for every 120 feet of façade length.

ii.

All parapets shall provide returns of at least six feet in depth at the end of the parapet face to avoid a false front appearance.

==> picture [388 x 334] intentionally omitted <==

Figure 18.24.050(B)(3)(c): Parapet Roofs

d.

Rooftop equipment. Rooftop equipment shall not be visible from a publicly accessible sidewalk across the street, nor shall be visible from any publicly accessible area located within 50 feet of the building.

e.

VMU District. In the VMU District, in addition to the standards listed above, roofs shall also meet at least one of the following standards:

i.

A decorative parapet with a symmetrical appearance shall be provided on all street facing building façades.

ii.

The roof shall be gabled, cross-gabled, or hipped. Mono pitch roofs are prohibited.

==> picture [518 x 292] intentionally omitted <==

Figure 18.24.050(B)(3)(e)(ii): Roof Types — VMU District

f.

Mission Boulevard. Along Mission Boulevard, roofs shall be gabled or hipped and shall have a pitch between 3:12 and 5:12.

4.

Building Articulation. Buildings shall include the following design features to create visual variety and avoid a large-scale and bulky appearance:

a.

Façade Articulation. All façades facing a public right-of-way shall include at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one-half feet in depth, for every 50 horizontal feet of wall. The articulated elements shall be greater than one story in height and may be grouped rather than evenly spaced in 50-foot modules.

==> picture [518 x 375] intentionally omitted <==

Figure 18.24.050(B)(4)(a): Façade Articulation

b.

VMU District. In addition to the façade articulation requirement in subsection (4)(a) above, the following additional façade articulation standards apply in the VMU District.

i.

Façades facing Smith Street, Union City Boulevard, Horner Street, Vallejo Street, and Watson Street shall provide a minimum of one of the following articulation elements every 25 to 50 feet:

(A)

A façade wall shift at least two feet in depth and at least the full height of the ground floor.

(B)

A change in material a minimum of three feet wide and at least the full height of the ground floor.

(C)

A change in color, bordered with decorative trim, a minimum of 25 feet wide and at least the full height of the ground floor.

==> picture [518 x 243] intentionally omitted <==

Figure 18.24.050(B)(4)(b)(i): Façade Requirements, Certain Streets—VMU District

ii.

Covered walkways or overhangs shall be provided along building frontages on Smith Street, Union City Boulevard, and Horner Street.

(A)

Location. The covered walkways or overhangs shall be centered on a main entrance of the building.

(B)

Minimum Dimensions. The covered walkways or overhangs shall be a minimum of five feet deep and 15 feet wide.

(C)

Support Columns. Columns supporting covered walkways shall be four inches by six inches in dimension with a defined and differentiated column base and top.

==> picture [518 x 266] intentionally omitted <==

Figure 18.24.050(B)(4)(b)(ii): Covered Walkways or Overhangs, Certain Streets—VMU District

c.

Street Facing Façades Along Mission Boulevard. In addition to the façade articulation requirement in subsection (B)(4)(a) above, street facing façades along Mission Boulevard shall incorporate two or more of the following features.

i.

Window bays with a minimum two feet in depth from building façade every 50 horizontal feet. ii.

Recesses a minimum of two feet in depth from building façade every 50 horizontal feet. iii.

Porches, arcades and loggias over a minimum of 25% of the façades with columns a minimum of one foot in width and depth.

iv.

Curved arches between columns or as part of recesses or projections.

v.

Arches above doors.

vi.

Arches over all windows on a minimum of one floor.

vii.

A lintel at the base of windows.

viii.

Decorative tile vents.

ix.

Decorative ironwork.

x.

Exposed wood beams. xi.

Balconies.

==> picture [518 x 381] intentionally omitted <==

Figure 18.24.050(B)(4)(c): Façades Along Mission Boulevard

d.

Townhomes and Rowhouses. The design of townhomes and rowhouses shall be articulated such that individual units are differentiated from each other. In addition to the articulation requirements above, attached side-by-side dwelling units shall meet the following requirements.

i.

Individual units shall be emphasized through two or more of the following methods.

(A)

Variations of two feet or more between the horizontal planes of the primary entrance façade of adjacent units.

(B)

A change in roof orientation between adjacent units (e.g., a gable roof adjacent to a hipped roof).

(C)

A roofline offset of at least 18 inches for each unit exposed on the associated elevation.

(D)

A change in materials.

(E)

A change in color.

==> picture [518 x 400] intentionally omitted <==

Figure 18.24.050(B)(4)(d)(i): Townhome and Rowhouse Articulation

5.

Façade Design.

a.

Façade Detailing.

i.

All building façades shall incorporate details, such as cornices, eaves, trim, changes in materials, projections such as awnings and balconies, or other design elements.

==> picture [518 x 254] intentionally omitted <==

Figure 18.24.050(B)(5)(a)(i): Façade Detailing Design Elements

ii.

No wall facing a public right-of-way shall run in a continuous plane of more than 30 feet without a window, door, or other opening.

iii.

Horizontal building elements, such as cornices, eaves, trims, and expansion gaps that create visible horizontal lines shall be aligned within three feet of like buildings elements on the same façade.

==> picture [518 x 252] intentionally omitted <==

Figure 18.24.050(B)(5)(a)(iii): Building Element Alignment

iv.

Building vents, gutters, lighting, and exterior equipment that are part of the exterior façade shall be aligned horizontally and vertically with like elements and with other building façade details on the same façade.

==> picture [518 x 279] intentionally omitted <==

Figure 18.24.050(B)(5)(a)(iv): Building Equipment Alignment

b.

Exterior Building Colors and Materials.

i.

Factory-processed color finishes, such as baked enamel, shall be provided on all exterior metal surfaces. ii.

VMU District. In the VMU District, a minimum of 75% of the building siding shall be one of the following materials:

(A)

Horizontal or vertical wood siding, tongue-in-groove, or shiplap.

(B) Board and batten siding.

iii.

Mission Boulevard. Buildings on parcels along Mission Boulevard shall include each of the following exterior materials:

(A)

Barrel tile roof.

(B) Stucco walls.

(C)

Raised brick or stone foundation.

iv.

Exterior Materials, Other Areas. In areas outside of the VMU District and buildings not located on parcels along Mission Boulevard, exterior building materials shall be chosen based on durability, ease of maintenance, and context. Permitted materials shall include the following:

(A)

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

(B)

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

(C) Decorative Metals, including copper, brass, bronze, and stainless steel.

(D)

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

(E)

Brick, natural clay.

(F)

Stone.

(G)

Pre-cast concrete, glass-fiber reinforced concrete.

(H)

Cast-in-place concrete.

(I) Ceramic tile.

(J) Cement plaster.

(K) Wood.

Windows and Openings.

a.

Nonresidential Uses—Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side lot line or publicly accessible sidewalk shall include windows, doors, or other openings for at least 40% of the building wall area of grocery stores and 50% of the building wall area of other uses located between two and one-half and seven feet above the level of the sidewalk.

==> picture [518 x 245] intentionally omitted <==

Figure 18.24.050(B)(6)(a): Nonresidential Window Openings and Transparency

i.

Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and

provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

(A)

VMU District. In the VMU District, Ground floor windows shall start two to three feet off the ground and extend above door sill height.

==> picture [518 x 216] intentionally omitted <==

Figure 18.24.050(B)(6)(a)(i)(A): Ground Floor Windows—VMU District

ii.

Reductions and Exceptions. A reduction or exception to the applicable objective building transparency standard for nonresidential uses may be granted by the decision maker subject to both of the following findings:

(A)

The proposed use has certain operational characteristics with which providing the required windows and openings is incompatible.

(B)

Street-facing building walls exhibit architectural relief and detail, and are enhanced with landscaping to create visual interest at the pedestrian level.

b.

Residential Uses—Window Trim or Recess. Windows for residential uses shall have trim at least three inches wide and one-half inch in depth, or be recessed at least two inches from the plane of the surrounding exterior wall.

==> picture [518 x 366] intentionally omitted <==

Figure 18.24.050(B)(6)(b): Residential Window Detail

c.

Residential Uses—Transparency/Required Openings for Common Spaces. Exterior walls of common spaces, such as lobbies and community spaces, within 20 feet of a front or street side lot line or publicly accessible sidewalk shall include windows, doors, or other openings for at least 30% of the building wall on which they are adjacent, between two and one-half feet and seven feet above the level of the sidewalk.

==> picture [518 x 231] intentionally omitted <==

Figure 18.24.050(B)(6)(c): Window Opening and Transparency, Residential Common Spaces

C.

Space Requirements.

1.

Residential Uses—Minimum Ground Floor Height. The minimum ground floor height for residential uses is 10 feet measured floor to floor.

2.

Nonresidential Uses.

a.

Minimum Ground Floor Height. For nonresidential spaces planned for a restaurant use, the minimum ground floor height limit is 18 feet measured floor to floor. The minimum ground floor height for nonresidential spaces planned for uses other than restaurants is 15 feet measured floor to floor.

b.

Minimum Tenant Space Depth.

i.

Generally. Nonresidential ground floor interior tenant spaces shall be a minimum of 35 feet in depth. ii.

Planned Restaurant Use. For nonresidential spaces that have a planned restaurant use, the minimum depth shall be 60 feet for at least 50% of the width of the tenant space or 25 feet, whichever is wider. iii.

Reductions and Exceptions. A reduction or exception to the applicable objective minimum depth standard may be granted by the decision maker if a finding can be made that the site is small or constrained.

c.

Required Restaurant Space. For lots larger than 20,000 square feet, a minimum of 25% of the ground floor nonresidential area of mixed-use development shall be designed to accommodate a restaurant use.

Restaurant uses require grease traps, a minimum of one restroom per tenant, a separate ventilation system, and an enclosure for waste receptacles.

d.

Indoor/Outdoor Connections. The design of ground floor commercial uses in the MMU, SEMU-R, and CSMU Districts shall promote indoor/outdoor connections by providing at least one of the following:

i.

Sliding or removable windows/doors.

ii.

Low planters with seat walls a minimum width of 12 inches.

iii.

Entrances, recessed a minimum of four feet, and porticos that allow outdoor seating or display. iv.

Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department.

3.

Required Residential Amenities. Amenities that enhance the livability of the project shall be provided.

a.

Activity Areas. Private and common open spaces, playground or outdoor active recreation facility, such as a lap pool.

i.

Amount of Activity Area.

(A)

RM Districts. In RM Districts, a minimum of 150 square feet of activity area shall be provided per dwelling unit.

(B)

Other Districts. In Districts other than RM Districts, a minimum of 60 square feet of activity area shall be provided per dwelling unit.

ii.

Configuration of Activity Area.

(A)

Required activity area shall be provided as a combination of private open space and common open space or indoor activity space as follows:

(1)

A minimum of 75% of units located above the ground level shall be provided private open space above the ground level (i.e., balconies) consistent with subsection (C)(3)(a)(iii), Private Open Space, below. An

exception to this objective activity area configuration standard may be granted by the decision maker if a finding can be made that alternative configurations of activity area suited to the needs of the residents are provided.

(2)

The balance of the required activity area shall be provided outdoors as private open space or common open space that meet the standards of this section. Common indoor activity space may substitute outdoor activity area for up to 50% of the required area, as follows:

(a)

Outdoor activity area may be substituted by common indoor activity space at a rate of two feet of common indoor activity space provided for every one foot of required outdoor activity area.

(B)

The required activity area shall be located on the same lot as the associated residential dwelling units. An exception to this objective activity area location standard may be granted by the decision maker if a finding

can be made that an activity area is on a separate common lot within the development that can effectively be used by residents.

(C)

No portion of required activity area shall be used for storage, driveways, or vehicle parking and loading facilities.

iii.

Private Open Space. Private open space provides open space areas for the exclusive use of the occupants of an individual dwelling unit and includes, but is not limited to, balconies, decks, terraces, patios, fenced yards, and other similar private areas.

(A)

Minimum Dimensions. Private open space located on the ground level (e.g., yards, decks, patios) shall be a minimum of eight feet by eight feet. Private open space located above ground level (e.g., balconies) shall be a minimum of five feet by five feet.

(B)

Accessibility. Private open space shall be accessible to only one dwelling unit by a doorway to a habitable room or hallway.

(C)

Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of groundcover, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Surfaces shall not exceed a 10% slope.

==> picture [518 x 385] intentionally omitted <==

Figure 18.24.050(C)(3)(a)(iii): Private Open Space

iv.

Common Open Space. Common open space provides open space areas for recreation and enjoyment with shared access for all building occupants. Common open space includes, but is not limited to, courtyards, terraces, pet areas, gardens, plazas, landscaped areas, patios, swimming pools, barbeque areas, athletic courts or fields, playgrounds, recreation areas, rooftop amenities, and other similar outdoor common areas intended for shared use by building occupants.

(A)

Minimum Dimensions. Common open space shall be a minimum of 20 feet by 20 feet.

(B)

Accessibility. Common open space shall be accessible to all building occupants. A minimum seven-footwide passageway, shall be provided to any required common open space. The passageway shall contain a minimum four-foot wide walkway and any area not included in the walkway shall be landscaped.

(C)

Surfacing. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of groundcover, garden, flagstone, wood planking, concrete, decking, or other serviceable, dust-free surfacing. Surfaces shall not exceed 10% slope.

==> picture [518 x 335] intentionally omitted <==

Figure 18.24.050(C)(3)(a)(iv): Common Open Space

v.

Common Indoor Activity Space. Common indoor activity space provides indoor amenity with shared access for all building occupants. Common indoor activity space includes, but is not limited to, fitness centers, shared workspaces, study rooms, conference and community rooms, joint eating and cooking

areas, indoor play areas, screening room, and other similar common areas intended for shared use by building occupants.

(A)

Minimum Dimensions. Common indoor activity space shall be a minimum of 20 feet by 20 feet. A reduction to this objective dimensional standard may be granted by the decision maker if a finding can be made that a usable activity area of lesser size is adequate to serve the residents.

(B)

Accessibility. Common indoor activity space shall be accessible to all building occupants.

b.

Other Amenities. In addition to the required activity area above, projects shall include at least two of the following amenities.

i.

In-unit washer and dryer.

ii.

Enclosed, lockable storage space at least 200 cubic feet in size with minimum dimension of four feet by eight feet for a minimum of 50% of the units.

iii.

On-site child care facility.

iv.

Provision of car sharing service, including parking spaces. Car share parking spaces shall be accessible to car share subscribers 24 hours a day, seven days a week.

c.

Reductions and Exceptions. A reduction or exception to the applicable objective residential amenity standard may be granted by the decision marker if a finding can be made that alternative amenities that are comparable in value and benefit residents are provided.

D.

Site Design Requirements.

1.

Frontage Improvements. Frontage improvements consistent with the General Plan, Bicycle and Pedestrian Master Plan, applicable specific plan and/or development strategy, subdivision improvement standards, and any other applicable standard or requirement of the City shall be provided for all subdivisions, new construction, and additions of 10,000 square feet or more of gross floor area.

2.

Public Open Space. Where provided, public open spaces shall be consistent with the following standards. a.

Line the edges of blocks with buildings to frame public open space by placing building edges along a minimum of 50% of the open space perimeter.

b.

Provide direct access from a publicly accessible sidewalk to public open spaces. Do not locate ground level public open space accessible only from inside the building.

c.

Tree canopies or permanent shade structures shall provide shade for at least 25% of open space areas.

==> picture [518 x 383] intentionally omitted <==

Figure 18.24.050(D)(2): Public Open Space Site Design

d.

Paseos. Public open space designed as a paseo shall be consistent with the following standards.

i.

Within the SEMU-R Zoning District: for the portions of the buildings that front onto a paseo and have a length longer than 90 feet and where the paseo is less than 40 feet in width, the surface area of third floor and fourth floor paseo-facing walls shall be no more than 85% of the surface area of the first-floor paseofacing wall.

(A)

The surface area of a wall is calculated as the length of the building wall of the applicable floor multiplied by the height of that floor.

==> picture [518 x 287] intentionally omitted <==

Figure 18.24.050(D)(2)(d)(i): Paseo Standards—SEMU-R District

ii.

Paseos in zoning districts other than SEMU-R shall have a minimum width of 40 feet.

iii.

Paseos shall have end to end visibility, and align and connect with streets, other paseos or paths. iv.

Paseos shall have a minimum lighting level of one foot-candle.

3.

Roof Deck Planting. Planting on roof decks requires a minimum soil depth of 24 inches for shrubs, perennials, and ground cover and a minimum of 42 inches for trees.

a.

Reductions and Exceptions. A reduction to the applicable objective soil depth standard may be granted by the decision maker if a finding can be made that a reduced soil depth is adequate to support the proposed planting in good growing condition.

4.

Lighting.

a.

Minimum Lighting. A minimum of one foot-candle lighting level shall be provided for all walkways throughout the site and in all parking areas. Motion sensors shall be provided for areas inside and directly adjacent to trash enclosure areas.

b.

Maximum Height of Freestanding Lighting Standards. The maximum height of a freestanding lighting standard in pedestrian areas and courtyards is 16 feet. Lighting shall be shielded from adjacent residential windows and private outdoor areas.

c.

Attached Fixtures. Fixtures on buildings shall be attached only to walls or eaves, and the top of the fixture shall not exceed the height of the parapet or roof or eave of roof.

==> picture [518 x 366] intentionally omitted <==

Figure 18.24.050(D)(4): Lighting Fixture Design

5.

Utilities. All new transformers, switching boxes, and similar appurtenances and utility equipment shall be located below-grade, in closets or interior of buildings, or in locations not visible from public right-of-way, unless prohibited by the utility provider. When screened within an enclosure, the enclosure shall have walls matching the material and color of the nearest building, be located no closer to the street than a building, and be surrounded by landscaping such as trees, shrubs, and climbing vines, that screen the enclosure, unless prohibited by the utility provider.

a.

Reductions and Exceptions. A reduction or exception to the applicable objective utility standard may be granted by the decision maker if a finding can be made that the proposed design reduces the visual impact of utilities to the greatest extent feasible.

Vehicle Parking.

a.

Access.

i.

Access to parking facilities shall be from an alley or secondary street, wherever such alley or secondary access is feasible.

(A)

Additional Access Limitations, CSMU District. The following additional access limitations apply in the CSMU District.

(1)

Driveway entries/exits shall be prohibited on Decoto Road.

(2)

Driveway entries/exits shall be prohibited on Eleventh Street, Union Square, and Railroad Avenue wherever access to parking facilities from another street or alley is feasible.

ii.

Driveway entries/exits shall be located at least 25 feet from any primary building entrance facing the same street frontage.

iii.

Sidewalk material and grade shall be maintained as the sidewalk crosses a driveway. iv.

Driveway pavement shall be enhanced with one of the following treatments:

(A)

Textured Concrete Banding. A concrete area border created with a different textured finish than the inner concrete area.

(B)

Trowel Finish Banding. A concrete area border created with a trowel finish.

(C)

Stamped Concrete. Patterned concrete or imprinted concrete created by using rubber stamps or similar method to imprint patterns into the concrete.

(D)

Integral Concrete. Concrete mixed with finely ground iron oxide pigments, called integral colors, before it is poured.

(E)

Broom Finish. Rough textured finished obtained by dragging a broom on the trowelled surface of the concrete while the concrete is still fresh.

(F)

Salt Finish. A rough textured, slip-resistant surface on freshly poured concrete created by inserting coarse rock salt crystals into the wet concrete.

(G)

Exposed Aggregate Finish. A rough textured surface on concrete created with a top layer of exposed aggregate.

(H)

Trowel Joints. Textured surface created using a tool with a flat blade designed to spread concrete, mortar, or plaster.

==> picture [518 x 231] intentionally omitted <==

Figure 18.24.050(D)(6)(a)(iv): Driveway Pavement Treatment

v.

Surface parking lots with 25 or more parking spaces shall provide a pedestrian walkway between rows of parking and extending to the main building entry. The walkway shall be of a different paving material than the drive aisles and parking spaces and be separated from ends of parking spaces by a raised curb at least six inches high.

(A)

Surface Parking Prohibited, CSMU District. Parking in the CSMU District is required to be structured. Parking lots are not allowed after the initial phases of development.

b.

Parking Structures. Parking structures shall be fully screened using decorative screening, or other decorative elements constructed of durable, high-quality materials or trellis structures with integrated irrigation that support vertical planting shall be provided on all parking structure façades that are visible from any public right-of-way.

c.

Residential Districts.

i.

Structured Parking—Location. Any parking within a structure with three or more feet above ground shall be located a minimum of 40 feet from the primary street facing lot line. For lots with multiple street frontages, the primary street facing lot line shall be that abutting the street with the highest roadway classification or, in the case of streets with equal roadway classifications, the street with the highest number of pedestrian building entrances on the block. This requirement does not apply to garages that accommodate parking for a single dwelling unit.

(A)

Reductions and Exceptions. A reduction or exception to the applicable objective residential parking facility standard may be granted by the decision maker subject to both of the following findings:

(1)

The design incorporates habitable space built close to the publicly accessible sidewalk to the maximum extent feasible.

(2)

The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

==> picture [453 x 315] intentionally omitted <==

Figure 18.24.050(D)(6)(c)(i): Structured Parking Location Limitation—Residential Districts

ii.

Above Ground Parking—Maximum Parking Frontage. On lots 50 feet or wider, the total width of above ground parking areas visible from the public right-of-way, including open parking, carports, and garages, shall not exceed 40% of any public right-of-way frontage.

==> picture [489 x 408] intentionally omitted <==

Figure 18.24.050(D)(6)(c)(ii): Above Ground Parking Frontage Limitation—Residential Districts

(A)

Reductions and Exceptions. A reduction or exception to the applicable objective above ground parking frontage standard may be granted by the decision maker to allow a greater width subject to both of the following findings:

(1)

The lot is constrained such that limiting the visibility of above ground parking to 40% of the public right-ofway frontage is not feasible.

(2)

Landscaping and other treatments have been incorporated to minimize the visibility of above ground parking from the public right-of-way frontage.

iii.

Individual Garage Design. The following shall apply to all entrances of garages that accommodate parking for a single dwelling unit.

(A)

Garage entrances located on street facing building frontages shall be recessed a minimum of 12 inches behind the front elevation wall plane.

(B)

All garage doors within the project shall be a fully insulated metal or fiberglass roll-up design with baked-on finish and installed with automatic door openers. Top window bands are allowed.

(C)

The applicant and/or property owner shall provide multiple garage door designs for the development. Identical garage door designs shall not be located adjacent to one another.

d.

Districts Other Than Residential Districts. In all districts other than Residential Districts, the following shall apply:

i.

Limitations on Location of Parking. Above ground parking and any parking within a structure with three or more feet above ground, shall be located a minimum of 40 feet from the primary street facing lot line. For lots with multiple street frontages, the primary street facing lot line shall be that abutting the street with the highest roadway classification or the street with the highest number of pedestrian building entrances.

==> picture [433 x 294] intentionally omitted <==

Figure 18.24.050(D)(6)(d): Parking Location Limitation—Other Districts

(A)

Reductions and Exceptions. A reduction or exception to the applicable objective limitation on location of parking standard may be granted by the decision maker subject to both of the following findings:

(1)

The design incorporates conditioned, usable space, or active open space close to the publicly accessible sidewalk to the maximum extent feasible.

(2)

The site is physically constrained such that underground parking or above ground parking located more than 40 feet from the primary street frontage is not feasible.

Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.

a.

Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

b.

Circulation Network. On-site walkways shall be connected to the publicly accessible sidewalk and other planned or existing pedestrian routes. An on-site walkway shall connect the primary building entry or entries to a publicly accessible sidewalk on each street frontage.

c.

Transit. Where transit stops are located adjacent to the lot frontage, pedestrian connections shall be provided from the transit stop to the primary building entrance of all buildings on the lot. d.

Pedestrian Walkway Design.

i.

Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material. Walkways shall be ADA compliant.

ii.

Where a required walkway crosses parking areas or loading areas, it shall be clearly identifiable through the use of a raised crosswalk, a different paving material, striping, or similar method. iii.

Where a required walkway is parallel and within two feet of an auto travel lane, it shall be raised or separated from the auto travel lane by a physical barrier consisting of a raised curb at least four inches high.

e.

Reductions and Exceptions. A reduction or exception to the applicable objective public access standard may be granted by the decision maker if a finding can be made that adequate and safe pedestrian access is provided to and throughout the site.

(Ord. 917-23, 9/26/2023)

Chapter 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT (§ 18.26.010 – § 18.26.220)

The purpose of the Marketplace Mixed Use (MMU) district is to establish a vibrant, walkable Citywide commercial destination with community-serving and specialty retail, dining, and entertainment uses with a complementary mix of residential, office, and other uses.

(Ord. 903-22 § 4, 2022)

The following uses shall be permitted:

A.

Accessory dwelling units consistent with Chapter 18.34.

B.

Civic facilities.

C.

Commercial uses, located in a stand-alone/in-line building, or incorporated into the ground floor of a residential or office mixed use development, including:

1.

Art studios;

2.

Body art;

3.

Banks/savings and loans, excluding check cashing businesses;

Business services;

5.

Civic facilities;

6.

Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than 50 through the Uniform Building Code;

7.

Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than 50 through the Uniform Building Code;

8.

Fitness uses with an occupant load of less than 50 under the Uniform Building Code;

Florists;

10.

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

11.

Food stores excluding convenience markets;

12.

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

13.

Health services (medical, dental, physical therapy and pharmacies);

14.

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

15.

Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances);

Office uses; and

17.

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

18.

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

Pet grooming (no overnight boarding of animals).

D.

Home occupations subject to the conditions listed in Section 18.32.020(G).

E.

Office mixed use developments with ground floor commercial uses identified in Section 18.26.020(C).

F.

Office uses.

G.

Residential mixed use developments with ground floor commercial uses identified in Section 18.26.020(C). H.

Residential uses with activated ground floor commercial uses, including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages.

I.

Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the Director shall make the findings required by Section 18.52.060, Addition of uses.

(Ord. 903-22 § 4, 2022)

A.

Approval by the Zoning Administrator (Refer to Chapter 18.54 for a detailed description of the administrative use permit process). Commercial indoor uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development.

Child day care facilities.

2.

Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 of more through the Uniform Building Code.

3.

Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B).

4.

Outdoor activities located in private and public plazas.

5.

Outdoor displays in conjunction with an existing adjacent business.

6.

Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all 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.

7.

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).

The following uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development:

a.

Bars, comedy clubs, nightclubs, and lounges;

b.

Check cashing;

c.

Commercial recreation facilities;

d.

Convenience markets;

e.

Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code; f.

Liquor stores;

g.

Massage.

2.

Discount clubs.

3.

Drive-in/drive-through uses.

4.

Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted)

5.

Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce. 6.

Hotels.

7.

Service stations and gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement with all operations, except for the sale of gasoline and the washing of automobiles, conducted in

a building enclosed on at least three sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site, with the exception of beer and wine.

8.

Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores. 9.

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

(Ord. 903-22 § 4, 2022; Ord. 918-23, 10/24/2023)

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within 1,000 feet of "sensitive uses." Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the "sensitive use."

(Ord. 903-22 § 4, 2022)

A.

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

B.

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

C.

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

(Ord. 903-22 § 4, 2022)

A.

Commercial uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the decision maker may approve, at its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses if the project can demonstrate a community benefit. Live/work units shall comply with Section 18.38.032.

B.

There shall be no greater than 15% net loss of total commercial space in any future redevelopment of a site within the district, with a focus on retaining retail anchors such as grocery stores and drugstores. Affordable housing projects, which provide 100% of the units as affordable for low, very low, and extremely low income categories, are exempt from this requirement.

C.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Director or decision maker.

D.

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

public streets.

E.

Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures

including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.

F.

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

G.

Any residential building that includes more than 250 units shall provide a shared co-working space area measuring a minimum of 300 square feet.

(Ord. 903-22 § 4, 2022)

Walls, fences, or hedges over three feet in height are subject to review and approval through the site development review or administrative site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities. Where a site adjoins a residential (R) district, a solid masonry wall six feet in height shall be located on the shared property line.

(Ord. 903-22 § 4, 2022)

A minimum site area of not less than 20,000 square feet shall be required.

(Ord. 903-22 § 4, 2022)

The minimum site area per dwelling unit shall be 435 square feet.

(Ord. 903-22 § 4, 2022) The maximum floor area ratio (FAR) shall be 3.0.

(Ord. 903-22 § 4, 2022)

A minimum of 30 units per acre and a maximum of 100 units per acre is permitted.

(Ord. 903-22 § 4, 2022)

Newly created lots shall have a minimum street frontage width of 100 feet and a minimum lot depth of 200 feet. Exceptions may be granted by the decision maker through the site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use. (Ord. 903-22 § 4, 2022)

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

(Ord. 903-22 § 4, 2022)

A.

Front, side, and rear yard setbacks shall be a minimum of six feet.

B.

Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three feet.

C.

Buildings with frontage on Decoto Road or Alvarado-Niles Road shall a minimum setback of 20 feet from

these frontages. The setback can be reduced to a minimum of 10 feet for up to 10% of the building frontage to accommodate variations in building design subject to site development review. (Ord. 903-22 § 4, 2022)

The maximum height of buildings shall be 100 feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed 20 feet in height.

(Ord. 903-22 § 4, 2022)

All development shall comply with Section 18.24.050.

(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

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

Projects that include development of a vacant site or substantial modification of a developed site shall provide landscaped areas that measure a minimum 10% of the project site area. Projects that cannot

provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process. (Ord. 903-22 § 4, 2022)

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building's architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

(Ord. 903-22 § 4, 2022)

A.

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

B.

A minimum of one motorcycle parking stall that is enclosed and weather-protected shall be provided for every 25 units.

C.

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

(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

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

B.

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

C.

Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision makers.

(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

Loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be designed according to the following standards unless an alternative design is approved through the site development review or administrative site development review process.

1.

Loading docks shall be located inside a building and equipped with closable doors.

2.

Loading zones shall be provided along the street frontage(s).

(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Chapter 18.27 VILLAGE MIXED USE (VMU) DISTRICT (§ 18.27.010 – § 18.27.220)

The purpose of the village mixed use (VMU) district is to create neighborhood-serving commercial centers where commercial uses are the primary use, but mixed use residential development is allowed to support the commercial uses and create vibrant places for people to live, work, shop, and play. This designation applies to sites considered to be within the boundary of the Historic Alvarado District. (Ord. 906-22 § 4, 2022)

The following uses shall be permitted:

A.

Accessory dwelling units consistent with Chapter 18.34.

B.

Civic facilities.

C.

Commercial uses, located in a stand-alone/in-line building, or incorporated into the ground floor of a residential or office mixed use development, including:

1.

Art studios;

2.

Body art;

3.

Banks/savings and loans, excluding check cashing businesses;

Business services;

5.

Civic facilities;

6.

Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than 50 through the Uniform Building Code;

7.

Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than 50 through the Uniform Building Code;

8.

Fitness uses with an occupant load of less than 50 through the Uniform Building Code;

Florists;

10.

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

11.

Food stores excluding convenience markets;

12.

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

Health services (medical, dental, physical therapy and pharmacies);

14.

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

15.

Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances);

Office uses; 17.

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

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

19.

Pet grooming (no overnight boarding of animals).

D.

Home occupations subject to the conditions listed in Section 18.32.02(G).

E.

Office mixed use developments with ground floor commercial uses identified in Section 18.27.02(C). F.

Residential uses that do not have frontage on Smith Street, Union City Boulevard, or Horner Street; and residential uses located above ground floor commercial uses (identified in Section 18.27.020(C)) with frontage on Smith Street, Union City Boulevard, and Horner Street.

G.

Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the Director shall make the findings required by Section 18.52.060, Addition of uses.

(Ord. 906-22 § 4, 2022)

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) 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;

Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;

Event venue, subject to the standards in Section 18.27.055;

5.

Farmers markets, when coordinated in conjunction with the City or Chamber of Commerce;

6.

Liquor stores;

7.

Massage;

8.

Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all 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

9.

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.

(Ord. 906-22 § 4, 2022; Ord. 2026-002, 1/27/2026)

A.

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

B.

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

C.

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

(Ord. 906-22 § 4, 2022)

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within 1,000 feet of "sensitive uses." Distance shall be measured from the closest exterior wall of the structure or

portion of the structure in which tobacco is sold, donated, or distributed to the property line of the "sensitive use."

(Ord. 906-22 § 4, 2022)

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.

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.

(Ord. 2026-002, 1/27/2026)

A.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is

required to be installed outdoors may be allowed subject to approval by the Director or decision maker.

B.

All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and

recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section

7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.

C.

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

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

(Ord. 906-22 § 4, 2022)

Walls, fences, or hedges over three feet in height are subject to review and approval through the site development review or administrative site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities. Where a site adjoins an OS, MS, CF, PI, or residential (R) district, a solid masonry wall six feet in height shall be located on the shared property line. (Ord. 906-22 § 4, 2022)

A minimum site area of not less than 5,000 square feet shall be required.

(Ord. 906-22 § 4, 2022)

For residential and mixed-use development, a minimum of 17 units per acre is required and a maximum of 30 units per acre is permitted. The minimum site area per dwelling unit is 1,452 square feet.

(Ord. 906-22 § 4, 2022)

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 0.3 and the maximum shall be 1.0. The maximum FAR for mixed-use development is 1.5, inclusive of residential and nonresidential uses. (Ord. 906-22 § 4, 2022)

No minimum site frontage, depth, and width shall be required.

(Ord. 906-22 § 4, 2022)

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

(Ord. 906-22 § 4, 2022)

No front yard setback shall be required, except as follows:

A.

On Union City Boulevard, the front yard setback shall be five feet from the property line and a minimum of 15 feet from the face of curb to ensure a comfortable pedestrian environment.

(Ord. 906-22 § 4, 2022)

No side yard setback shall be required, except as follows:

A.

Where the side property line of a site adjoins property in a R, RS or RM district, a side yard setback of not less than 20 feet adjoining the residential district shall be required.

(Ord. 906-22 § 4, 2022)

No rear yard shall be required, except as follows:

A.

Where the rear property line of a site adjoins property in a R, RS or RM district, a rear yard of not less than 20 feet adjoining the residential district shall be required.

(Ord. 906-22 § 4, 2022)

The maximum height of buildings shall be 40 feet. The height limit may be increased to a maximum of 50 feet subject to a use permit. Before the approval of any structure which exceeds 40 feet, the decision maker must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area.

(Ord. 906-22 § 4, 2022)

A.

All development shall comply with Section 18.24.050.

B.

All standalone commercial development shall comply with the Design Guidelines for Old Alvarado. (Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Parking shall be required subject to the following:

A.

Residential Use. Provide automobile and bicycle parking consistent with the RM 1500 zoning district per Section 18.32.160, except that 100% affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).

B.

Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150. For commercial uses on the ground floor as part of a mixed-use development, shared parking shall be evaluated on a case-by-case basis.

C.

The decision maker may grant relief from the off-street parking requirements, if it can be demonstrated that sufficient parking is available off-site to service the proposed use.

(Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

Loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be designed according to the following standards unless an alternative design is approved through the site development review or administrative site development review process.

1.

Loading docks shall be located inside a building and equipped with closable doors. 2.

Loading zones shall be provided along the street frontage(s). (Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

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

B.

Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum 10% of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process. (Ord. 906-22 § 4, 2022)

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building's architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department. (Ord. 906-22 § 4, 2022)

Chapter 18.28 OFF-STREET PARKING AND LOADING (§ 18.28.010 – § 18.28.100)

The off-street parking and loading provisions of this title shall apply as follows:

A.

For all buildings and structures erected and all uses of land established after the effective date of the ordinance codified in this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. B.

When the intensity of use of any building, structure or premises is increased through change of use, addition of dwelling units, gross floor area, seating capacity or other units of measurement specified in this title for required parking or loading facilities, parking and loading facilities as required in this title shall be provided for such increase in intensity of use. However, no building erected or use lawfully established prior to the effective date of the ordinance codified in this chapter shall be required to provide such additional parking or loading facilities unless the aforesaid increase in unit of measurement shall amount to at least 15%. Determination of the percentage of increase in units of measurement for required parking or loading facilities shall be based on the total increase which a building or use shall undergo after the effective date of the ordinance codified herein, whether such total increase occurs at one time or in successive stages.

C.

Whenever the existing use of a building or structure hereafter is changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure were erected prior to the effective date of the ordinance codified herein, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provision of this title.

(Ord. 55-64 § 5.7(A), 1964; Ord. 670-06 § 3, 2006)

Accessory off-street parking facilities in existence on the effective date of the ordinance codified herein and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than shall not be further reduced below the requirements for a similar new building or use under the provisions of this title.

(Ord. 55-64 § 5.7(B), 1964; Ord. 670-06 § 3, 2006)

An off-street parking space shall be provided on-site for each company vehicle utilized in the day to day operations of a permitted or conditional use. This requirement does not apply to vehicles used by employees to get to and from the premises. Company vehicles shall be parked on-site when not in use. Parking spaces for company vehicles are in addition to those required by this title. (Ord. 702-08 § 2, 2008; Ord. 852-18 § 4, 2018)

Nothing in this title shall be deemed to prevent the voluntary establishment of off-street parking or loading

facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design and operation of such facilities are adhered to.

(Ord. 55-64 § 5.7(C), 1964; Ord. 670-06 § 3, 2006)

For any conforming or legally nonconforming building or use which is in existence on the effective date of the ordinance codified herein which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, reestablished, or repaired, off-street parking or loading facilities need not be provided except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this title for equivalent uses or construction.

(Ord. 55-64 § 5.7(D), 1964; Ord. 670-06 § 3, 2006)

Where required off-street parking facilities must be provided away from the lot on which the use or building served is located, such facilities shall be in the same possession, either by deed or long-term lease, as the

property occupied by the use or building to which the parking facilities are accessory, in which case the owner of said land shall be bound by covenants filed of record in the office of the Recorder of Alameda County requiring the owner, his or her heirs and assigns to maintain the required number of parking facilities for the duration of the use served.

(Ord. 55-64 § 5.7(E), 1964; Ord. 670-06 § 3, 2006)

Any applicant for a building part shall include therewith a plot plan, drawn to scale and fully dimensional, showing any parking or loading facilities to be provided in compliance with this title.

(Ord. 55-64 § 5.7(F), 1964; Ord. 670-06 § 3, 2006)

When determination of the number of off-street parking spaces or bicycle parking facilities required by this title results in a requirement of a fractional space, any fraction less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one automobile parking space or bicycle parking facility. (Ord. 683-07 § 2, 2007)

A.

Short- and Long-Term Bicycle Parking Required. Unless otherwise stated in another part of this Code, required bicycle parking shall be designed as either short- or long-term bicycle parking as follows.

1.

Four or Fewer Required Bicycle Parking Spaces. Where four or fewer bicycle parking spaces are required, the required bicycle parking spaces shall be designed as short-term bicycle parking in compliance with the standards of this section.

2.

Five or More Required Bicycle Parking Spaces. Where five or more bicycle parking spaces are required, the required bicycle parking spaces shall be designed as short- or long-term bicycle parking in compliance with the standards of this section as follows:

a.

A minimum of four bicycle parking spaces shall be designed as short-term bicycle parking.

b.

A minimum of 20% of the required bicycle parking spaces shall be designed as long-term bicycle parking.

c.

The balance of the required bicycle parking spaces shall be designed as either short-term bicycle parking or long-term bicycle parking.

B.

Short-Term Bicycle Parking. Short-term bicycle parking intended to serve customers, messengers, and other visitors to a site who generally stay for a short time, shall be designed as specified below.

1.

Location. Short-term bicycle parking shall be located within 50 feet of a main entrance to the building it serves and visible from a main entrance if feasible. Where the bicycle parking area is not visible from a main entrance of the building, signs located at the main entrance of the building shall identify the location of bicycle parking.

a.

Required short-term bicycle parking may be located within the public right-of-way with an encroachment permit issued by the City.

2.

Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel (two points of contact) can be

secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.

3.

Size. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle.

4.

Clearance.

a.

Between Racks. Three feet of clearance shall be provided between bicycle parking racks. b.

Between Other Elements. Two feet of clearance shall be provided between short-term bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, pedestrian ways, and curbs.

==> picture [518 x 460] intentionally omitted <==

Figure 18.28.080(B): Short-Term Bicycle Parking

Lighting. A minimum of one foot-candle lighting level shall be provided in all short-term bicycle parking areas.

C.

Long-Term Bicycle Parking. Long-term bicycle parking intended to serve employees, residents, visitors, and others who generally stay at a site for four hours or longer shall be designed as specified below.

1.

Location. Long-term bicycle parking shall be located on the same lot as the use it serves. In parking garages, long-term bicycle parking shall be located within 100 feet of an entrance to the facility.

2.

Covered Spaces. Long-term bicycle parking shall be covered either inside a building, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

3.

Security. Long-term bicycle parking shall be in one of the following locations:

a.

A fully enclosed bicycle locker accessible only by the owner or operator of the bicycle.

b.

A fenced, covered, and locked or guarded bicycle storage area.

c.

A rack or stand inside a building that is within view of an attendant or security guard, visible from employee work areas, or within a secure/restricted bicycle storage room.

d.

A unit with a foyer that accommodates a wall-mounted bike rack.

e.

Other secure area approved by the decision maker.

4.

Size. Each long-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle.

5.

Clearance.

a.

Between Racks. Three feet of clearance shall be provided between bicycle parking racks. b.

Between Other Elements. Two feet of clearance shall be provided between long-term bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, pedestrian ways, and curbs.

6.

Accessibility. Long-term bicycle parking areas shall be accessible from the public right-of-way via at least one main access path that meets the following criteria:

a.

The access path shall be clear at all times.

b.

The access path shall be a minimum of four feet wide.

c.

Any doors the path goes through shall have a minimum width of three feet. d.

The access path shall not exceed five percent slope.

e.

The access path shall not require any lifting of a bicycle over steps.

f.

Elevators, when used as part of the path, shall have minimum interior dimensions of 80 inches by 54 inches.

7.

Lighting. A minimum of one foot-candle lighting level shall be provided in all long-term bicycle parking areas.

8.

No Lifting. A minimum of 20% of long-term bicycle parking spaces shall be designed so that the bicycle does not need to be lifted in order to be secure.

9.

Electrical Service. A minimum of 20% of long-term bicycle parking spaces shall have access to an electrical outlet for charging.

10.

Racks and Stands. Racks and stands, if used, shall be securely anchored to the ground or building and be designed to enable a bicycle frame and one wheel (two points of contact) to be secured with a highsecurity U-shaped shackle lock if both wheels are left on the bicycle.

(Ord. 683-07 § 3, 2007; Ord. 917-23, 9/26/2023)

Subject to approval by the decision maker, the required automobile parking demand for a particular use may be reduced by up to 10% when additional bicycle parking facilities are provided beyond what is required by the applicable provisions listed in this title. The required automobile parking demand may be reduced at a rate of one parking space for each six additional bicycle parking facilities provided. (Ord. 683-07 § 5, 2007; Ord. 917-23, 9/26/2023)

A.

Subject to use permit approval, up to a 25% reduction in required parking demand may be granted by the decision-making body if transit demand management (TDM) measures are implemented that reduce a project's overall number of vehicle trips generated and related parking demand. TDM measures may include, but are not limited to, provision of shuttles to and from BART, implementation of public transit pass programs, installation of showers and lockers to encourage people to bike or walk to work, preferential parking for people who car pool, etc. B.

A TDM plan, prepared by a qualified professional, shall be submitted with the use permit application. At a minimum, the TDM plan shall include a description of proposed TDM measures, a quantitative analysis of how measures will reduce the project's vehicles trips generated and related parking demand, and a detailed implementation plan to ensure TDM management through the life of the use permit. A responsible party (i.e., project applicant, property owner, homeowner's association, etc.) shall be identified for the implementation and management of the plan. The proposed parking demand reduction will be based on the information contained in the TDM plan. The City shall hire a consultant, at the applicant's and/or property owner's expense, to conduct a third-party peer review of the TDM plan. C.

Yearly monitoring reports (measured from the date of use permit approval) shall be submitted by the responsible party listed in the TDM plan to the Economic and Community Development Department. Monitoring reports shall detail the TDM measures being implemented and the success of these measures including the number and percentages of people who are utilizing TDM programs and the amount of vehicle

trips reduced. Monitoring reports shall be prepared by a qualified professional and may be subject to a third-party peer review paid for by the applicant and/or property owner. Failure to implement the programs and/or strategies listed in the TDM plan or failure to submit monitoring reports in a timely manner may result in revocation of the use permit subject to the provisions listed in Section 18.56.100.

D.

This provision applies to the following types of uses:

1. Commercial;

2. Industrial;

Private institutional; and

Multifamily residential.

(Ord. 726-10 § 2, 2010; Ord. 917-23, 9/26/2023)

Chapter 18.30 SIGN REGULATIONS (§ 18.30.010 – § 18.30.110)

Note: Prior ordinance history: Ordinances 55.159-76, 55.233-81, 55.284-87 and 342-90.

The purpose of these sign regulations is to:

A.

Encourage the effective use of signs as a means of communication by allowing a variety of sign types in commercial and industrial districts, and a limited variety of signs in residential and other districts, subject to the standards and the approval procedures of these regulations;

B.

Maintain and enhance the aesthetic environment by providing for the integration of signs into the overall architectural design and site planning of all buildings and developments;

C.

Maintain the economic value of the community and enhance the City's ability to attract sources of economic development through the regulation of sign size, location, design, and illumination;

D.

Allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of these regulations and for the district in which located, but without a requirement for sign plan approval;

E.

Minimize the possible adverse effects of signs on nearby public and private property;

F.

Improve pedestrian and traffic safety; and

G.

Establish an efficient and expeditious sign review process, and provide for the fair and consistent enforcement of these regulations.

(Added during 5-93 supplement; Ord. 670-06 § 3, 2006)

No sign shall be erected, placed, established, painted, created, or maintained in the City which is not in conformance with the standards, procedures, and other requirements of these provisions. All signs erected within the City boundaries shall be subject to the sign application procedures of Section 18.30.100 unless specifically listed under Sections 18.30.040 and 18.30.050. The regulations in this chapter are in addition to those set forth in the Uniform Building Code, as adopted, and any amendments made thereto by the City, and the property maintenance ordinance as adopted by the City.

(Added during 5-93 supplement; Ord. 670-06 § 3, 2006)

Words and phrases used in these regulations have the definitions and interpretations set forth in this section. The principles for computing sign area and sign height are also set forth in this section. A.

Definitions. Words and phrases not defined in this section but defined elsewhere in this Code shall be given the meanings established by this Code. In the case of a conflict between the definitions set forth in this chapter and those established elsewhere in this Code, the definitions set forth in this chapter shall govern for the purpose of implementation of these regulations. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

"Abandoned sign"

means a sign located on a property or premises which is vacant and/or unoccupied for a period of six months, or a sign which is damaged. in disrepair, or vandalized and not repaired within 60 days of the date of the damaging event and/or for which no legal owner can be found.

"Accessory sign"

means generally informational or directional, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," 'loading only," "telephone," and other similar directives as well as shingle signs.

"Animated sign"

means any sign with any visible moving portion or which moves or simulates movement in any way, or that uses change of lighting to depict action or create a special effect or scene, but not including flags, banners or time and temperature signs.

"Banner"

means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National, State, or municipal flags shall not be considered banners. Such signs shall be considered temporary signs.

"Building marker sign"

means any sign indicating the name of a building and date and incidental information about its construction which is cut into a masonry surface or made of bronze or other permanent material.

"Building sign"

means any sign attached to any part of a building, as contrasted to a freestanding sign. Examples include wall mounted signs, awning signs, parapet signs, and projecting signs.

"Changeable copy sign"

means an electric sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" sign and not a changeable copy sign for purposes of this chapter.

"Commercial message"

means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other activity.

"Director"

means, for the purpose of this chapter, the Economic and Community Development Director of the City or his/her designee.

"Development/contractor's sign"

means any sign of a temporary nature which announces the character of facilities being constructed or altered and/or the anticipated sale, lease or rental thereof, and/or which identifies persons or firms engaged in and having primary responsibility for the design, construction or alteration or the promotion of such facilities. Such signs shall be considered temporary signs.

"Directional sign"

means any sign which contains no commercial message of any sort, which provides directions for control of traffic or other regulatory purposes, including street-name signs, danger signs and traffic control signs, such as stop, yield, and similar signs, the face of which must meet Department of Transportation standards.

"Directional subdivision signs"

means any sign designed to assist the general public in locating new residential subdivisions.

"Directory signs"

means any sign listing the occupants of a building or group of buildings on the same lot and/or identifying the location of and providing directions to any establishment on the same lot.

"Freestanding sign"

means any sign supported by structures or supports that are placed on, or anchored in, the ground and are independent from any building or other structure. Examples include monument signs.

" - " Freeway oriented sign

means for the purposes of this chapter, any sign that is designed to be visible from at least one direction of Interstate 880.

"Frontage, building or tenant."

"Building frontage" means the distance measured along the wall(s) of the building abutting or facing the public street providing primary access to the site. Where a building is occupied by more than one tenant,

"tenant frontage" shall be measured individually for each portion of the building so occupied, per individual tenant.

"Illumination, direct"

means any light source which is a transparent tube or similar device and the light is projected directly from the face of the sign or the portion of the sign carrying the message or incidental design. Examples include exposed neon signs.

"Illumination, external"

means any light from a source located outside a sign and which illuminates the sign by reflection. Examples include ground-mounted light sources.

"Illumination, fashing"

means any light source other than natural light (electric lights, luminous tubes, gas flames or similar

sources) wherein such illumination is not maintained constant in intensity, color or pattern during all times the sign is operating.

" - " Illumination, halo (back lit)

means any light source which is located behind the face of the sign or lettering so that the light passes from behind an opaque surface to silhouette a letter or symbol.

"Illumination, internal"

means any light from a source contained within a sign and which is seen translucently through the face of the sign or individual letters. Examples include internally illuminated cabinet signs and individual channel letter signs.

"Illumination, natural"

means a method of sign illumination which relies solely on natural light, i.e., sunlight.

"Logo"

means wording, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

"Nonconforming sign"

means any sign that does not conform to the requirements of this chapter.

"Off-premises signs and billboards"

means any sign not located on the same zoning lot or project site as the use, product, or service it advertises.

"Open house sign"

means a temporary sign that solely indicates that residential property, or portion thereof, is for sale, lease, or rent and provides directions to the property and "open house" information. Open house signs shall be limited to sandwich board signs and shall not be displayed beyond the actual hours of the "open house."

"Pennant"

means series of lightweight plastic, fabric, or other materials, suspended from a rope, wire, or string designed to move in the wind. Pennants shall not include banners as defined in this chapter or individual flags mounted on a single pole.

"Political sign"

means any sign of a temporary nature which encourages a particular vote in a scheduled election and is posted prior to the scheduled election.

"Portable sign"

means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; corrugated plastic or cardboard groundmounted signs with metal or wood frames; balloons, and balloon signs and/or other inflated displays; and signs attached to or painted on vehicles permanently parked and visible from the public right-of-way, primarily for the purpose of displaying the sign.

"Project site"

means any zoning lot or group of contiguous zoning lots developed as a single unified project under the site development review procedures of Chapter 18.76.

"Projecting sign"

means any sign affixed to a building or wall in such a manner that is leading edge extends more than six inches beyond the surface of such building or wall and is designed with sign copy on more than one surface. Examples include hanging wall signs and marquee signs.

"Promotional sales sign"

means any sign other than a real estate and directional subdivision sign which announces a specific sale or offering of a commodity or service produced or offered on the lot. Such signs shall be considered temporary signs.

"Real estate sign"

means any sign of a temporary nature which advertises the sale, ease, rental or display of a lot or building or other premises. Such signs shall be limited to one display period of 60 consecutive calendar days with

the possibility of one permitted time extension.

"Roof sign"

means any sign erected and constructed wholly on or over the roof of a building and extending vertically above the highest portion of the roof.

"Setback"

means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.

"Shingle sign"

means a sign suspended from a roof overhang of a covered porch or walkway which identifies the tenant of the adjoining space.

"Sign"

means any device, fixture, placard, rider, or structure that uses any color form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Handheld signs shall not hinder pedestrian movement.

"Sign area"

means the entire surface of the sign exclusive of uprights or other structured members. For the purposes of this chapter, sign area has the same meaning as display area and sign copy area.

"Special events sign"

means any sign advertising specific temporary events, such as carnivals, festivals, exhibits, and parades, but not including promotional sales or grand opening signs. Such signs shall be considered temporary signs.

"Street frontage"

means the distance for which a lot line of a lot adjoins a public street, from one lot line intersecting side street to the furthest distant lot line intersecting the same street.

"Temporary sign"

means any sign that is designed to be displayed for a limited period of time and are subject to the regulations set forth in Section 18.30.060.

"Vehicle sign"

means a sign attached or affixed to, or painted or placed magnetically or otherwise attached to a vehicle.

"Window sign" and "window graphics"

means any sign, picture, symbol, or combination thereof, designed to communicate information that is posted or painted on or otherwise placed inside a window or upon a window.

"Wind sign"

means any display of streamers, pennants, whirligigs or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure. B.

Computations. The following principles shall govern the computation of sign area and sign height. 1.

Computation of Sign Area. The area of a sign shall be computed by means of the sturdiest square, circle, rectangle, triangle, or other geometric figure that will encompass the extreme limits of the writing, representation, emblem, and other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing.

Computation of Sign Area of Multi-faced Projecting and Mufti-faced Freestanding Signs. The sign area for a projecting wall sign with more than one face shall be computed by adding together the total sign area on each sign face. The sign area for a freestanding sign with two fewer faces shall be computed by the measurement of the largest sign area on any face. For freestanding signs with more than two faces, the sign area shall be computed by adding together the sign area of all sign faces.

3.

Computation of Maximum Total Permitted Sign Area. The permitted sum of the area of all individual signs on a lot or tenant space shall be computed by applying the formula contained in Section 18.30.080 to the tenant or building frontage, as appropriate, for the zoning district in which the lot is located. Buildings or tenant spaces fronting on two or more streets or with elevations oriented toward the freeway are allowed the permitted sign area for each frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the building's or tenant space's total sign area location that is derived from the lot, building, or wall area fronting on that street.

4.

Computation of Freestanding Sign Height. Freestanding sign height shall be computed as the distance from the ground level at normal grade to the top of the highest attached component of the sign, including supports. Normal grade shall be construed to be newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of a public street. Architectural, sculptured, or other design elements not including text may be exempted from the computation of sign height if deemed to be of significant design quality by the approving authority. (Added during 7-93 supplement; Ord. 664-06 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 702-08 § 2, 2008) The following sign types are permitted in all zoning districts and are exempt from the sign application procedures stated in Section 18.30.100, unless specifically prohibited by Section 18.30.050:

A.

Official Notices. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; and, notices posted by public officers in performance of their duties. B.

Regulatory, Directional and Warning Signs. Governmental signs, which contain no commercial message of any sort, to provide directions or control of traffic or other regulatory purposes, including street-name signs, danger signs and traffic-control signs, such as stop, yield, and similar signs, the face of which must meet

Department of Transportation standards; signs of public utility or service companies indicating danger or aid to service or safety, including signs showing the placement or location of underground public utilities or to protect property rights.

C.

Any sign inside a building, or within an enclosed mall or multi-building project that is not visible from public right-of-way.

D.

Holiday lights and decorations with no commercial message.

E.

Real estate signs used to advertise the sale, rent, or lease of a single residential parcel, provided that said signs shall be naturally illuminated, shall be mounted on a post or "A" frame, and shall not exceed seven square feet in area and shall be used subject to the following restrictions:

One such real estate sign shall be allowed on the property for sale, rent or lease at all times;

2.

Up to four additional "open house" signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends, holidays, and established realtor tour days and on other private properties with the owner's permission;

3.

No more than three such "open house" directional real estate signs (aggregate for one or more sales) shall be located on a single property; and

4.

Real estate signs shall not be allowed on sidewalks, street medians, public rights-of-way, public parks or

other public property, or where they may interfere with vehicular or pedestrian sight distance, nor shall they be affixed to trees, utility poles, street signs or any public utility company or railroad property without the specific permission of the utility, railroad or public agency.

F.

Garage/yard sale signs used to advertise such a sale on residential property, provided that such signs shall be naturally illuminated, and shall not exceed four square feet in area and shall be used subject to the following restrictions:

1.

One such garage/yard sale sign shall be allowed on the property where the sale is to take place:

2.

Up to four additional signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends and holidays on other private properties with the owner's permission;

3.

Garage/yard sale signs shall not be allowed on sidewalks, street medians, public rights-of-way, public parks or other public property, or where they may interfere with vehicular or pedestrian sight distance, nor shall they be affixed to trees, utility poles, street signs or any public utility company or railroad property, without the specific permission of the utility, railroad or public agency;

4.

All such signs shall display the date of the sale and shall be removed within five calendar days following the date of the sale by the sponsor of the sale.

G.

Street and house numbers are exempt.

H.

Window signs are subject to the following restrictions:

1.

The sign area allowed for window signs shall not exceed 25% of the surface area of the window;

2.

Such signs shall not exhibit flashing or intermittent illumination. I.

Home occupation signs advertising an approved home occupation conducted on the premises, provided that such sign shall be naturally illuminated, shall not exceed one and one-half (1-1/2) square feet in area, and shall be located flat against the wall or window of the dwelling.

J.

Building marker signs provided that the sign only includes the building name, date of construction, or historical data on a historic site. The sign must be cut or etched into masonry, bronze or similar material.

Such signs shall not exceed two square feet in area and shall be naturally illuminated.

K.

Flags of the United States, the State of California, the City of Union City, foreign nations, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction.

L.

Political Signs. Temporary political signs provided that such signs comply with the following conditions:

1.

Such signs shall not be allowed on sidewalks, street medians, public rights-of-way, public parks or other property, or where they may interfere with vehicular or pedestrian sight distance, nor shall they be affixed to utility poles, street signs or any public utility company or railroad property without the specific permission of the utility, railroad, or public agency;

2.

Such signs shall be naturally illuminated;

3.

Such signs shall be removed within 14 calendar days following the election. M.

Government-Owned Signs. Governmental signs, which are owned by the City.

N.

Signage indicating the presence of bicycle parking facilities.

O.

No smoking signs that inform the public of the provisions listed in Chapter 7.13 of the Municipal Code. (Added during 7-93 supplement; Ord. 533-99 § 1 (2), 1999; Ord. 670-06 § 3, 2006; Ord. 683-07 § 6, 2007; Ord. 712-08 § 2, 2008)

Unless otherwise expressly permitted elsewhere in this chapter, the following signs are prohibited in any zoning district:

A.

Moving signs, animated signs, flashing signs, changeable copy signs, or any other signs with flashing light, changes in color or intensity, or moving parts, but not including flags, movie marquee signs, time/temperature signs, or gasoline price signs;

B.

Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section;

C.

Pennants and any other wind sign, but not including flags or banners;

D.

Roof signs as defined in Section 18.30.030;

E.

Any portable sign, including sandwich board, "A" frame, balloon/inflatable signs, and corrugated plastic or cardboard ground-mounted signs with metal or wood frames, etc., except those signs allowed pursuant to Section 18.30.040(B), (E) or (F) or Section 18.30.060(A);

F.

Signs hazardous to traffic, which are any signs with lighting or illumination of such intensity, color or contrasting brilliance as to cause confusion or glare to impair the vision of any person traveling on a public or private way, or which otherwise interfere with any person's operation of a vehicle;

G.

Signs on public property, which include signs placed on, affixed to, or erected on or over public property, rights-of-way, or waterways, except signs which are exempt pursuant to Section 18.30.040 and awning signs affixed to buildings located on private property but that extend over the public right-of-way;

H.

Billboards and off-premises signs, except signs specifically allowed pursuant to Section 18.30.040 or

18.30.060, or freestanding signs which identify a use or occupant of a parcel within the City without street frontage;

I.

Any sign constructed, erected or placed within the City limits that does not conform to the regulation of this chapter;

J.

Multi-tenant freestanding signs providing more than two tenant names, unless additional tenant names are approved by the granting of a use permit per Section 18.30.100(E);

K.

Window signs that exceed 25% of the surface area of the window;

L.

Abandoned signs.

(Added during 7-93 supplement; Ord. 664-06 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 702-08 § 2, 2008; Ord. 852-18 § 5, 2018)

Temporary signs may only be permitted as provided below and shall be approved by the Director pursuant to the sign application procedures of Section 18.30.100(C)(2). The limitations and conditions set forth below shall apply to all zoning districts.

A.

Special event signs, provided that:

1.

All signs shall conform to the applicable design criteria of Section 18.30.070;

2.

All signs shall not be placed more than 14 calendar days before the event and shall be removed by the sponsoring organization immediately upon the termination of the event, and not more than five calendar days after the event.

B.

Signs without a commercial message in all zoning districts, other than signs expressly permitted or exempted elsewhere in the chapter, provided that:

1.

All signs shall conform to the applicable design criteria of Section 18.30.070;

2.

No more than one such sign shall be allowed on each subject property at a given time;

3.

Such signs shall not exceed nine square feet in sign area;

4.

Such signs shall be naturally illuminated only;

5.

Such signs shall be limited to a display period not to exceed 72 consecutive hours;

6.

A maximum of four such signs shall be allowed per calendar year.

C.

On-site development/contractor signs, provided that:

1.

The maximum permitted sign area shall not exceed the following:

a.

Residential Projects.

b.

Nonresidential Projects.

2.

One such development or contractor's sign shall be allowed for each street frontage;

3.

Such signs shall be placed on the subject property and shall face the public or private road providing access to the parcel;

4.

Such signs shall be naturally illuminated;

5.

Such signs shall be removed prior to issuance of a certificate of occupancy or final building inspection approval of the project.

D.

On-site real estate signs for residential subdivisions, and commercial and industrial developments, provided that:

1.

The maximum permitted sign area shall not exceed the following:

a.

Residential Subdivisions. Four square feet for each lot advertised, but not more than 64 square feet in total, b.

Nonresidential Projects. A maximum of 32 square feet in area shall be permitted;

2.

One such sign shall be permitted per street frontage. However, if street frontage length exceeds 400 feet, then two such signs may be permitted on that frontage;

Such signs shall be placed on-site to face a public or private street but shall not be placed where they interfere with vehicular sight distance;

4.

Such signs shall be naturally illuminated only;

5.

Such signs shall be removed immediately following the sale or lease of the lot(s), building(s), or premise(s) advertised but not later than 60 calendar days after first installed. This time period may be extended upon review and approval of the Director, pursuant to Section 18.30.100(C)(2);

6.

Such signs shall be limited to one display period per calendar year.

E.

Off-site directional subdivision signs, provided that:

1.

Such signs shall not be erected prior to entitlement approvals by the City;

2.

The maximum sign area permitted for such signs shall be 20 square feet for individual signs. Such signs shall be a maximum of six feet in height;

3.

No more than three such signs per subdivision shall be permitted;

4.

Such signs shall be placed on private property and shall face a public or private street;

5.

Such signs shall be naturally illuminated only;

6.

Such signs shall be removed immediately following the sale or lease of the lots in the subdivision, but not later than 12 months after first installed. This time period may be extended upon review and approval of the Director pursuant to Section 18.30.100(C)(2).

F.

Promotional Sales and Grand Opening Signs. Promotional sales and grand opening signs may be permitted as temporary signs, provided such signs comply with the following criteria:

1.

Not more than one such sign shall be permitted per tenant at any one time;

2.

Such signs shall not exceed 60 square feet in area;

3.

Such signs shall not exceed the length of the building or tenant frontage, nor shall they block ingress or egress to any of the surrounding business entrances;

4.

Such signs shall be placed on the primary business frontage of the subject of the sign;

5.

Such signs shall be limited to a display period not to exceed 14 calendar days, with a maximum of four such display permits in any one year.

(Added during 7-93 supplement; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006)

All signs in the City shall be designed, constructed and maintained in accordance with the standards established by this section. The criteria are intended to promote creative design that enhances the aesthetic quality of the community and the effective use of signs for communication. The design criteria shall be used to evaluate all sign plans in all zoning districts by the applicable authority as defined in Section 18.30.100.

A.

Design Compatibility. The design of all signs shall be compatible and harmonious with the colors, materials and architecture of the building and the immediate vicinity. Freestanding signs shall be finished with the same, or compatible materials as the building.

B.

Size. Sign size shall be proportionate to the size and scale of the site and building upon which the sign is proposed. Sign dimensions as specified in this chapter are maximum allowable dimensions; it may be necessary that signs be smaller than the maximum allowed in order to be proportionate in size and scale to achieve the design objectives of this section.

C.

Commercial and Industrial Center Signs. Individual tenant signs within multi-tenant centers shall be coordinated in size, location, materials and illumination design.

D.

Color. Colors shall be used in coordinated groupings, and shall be compatible with those colors used in the building or project design.

E.

Logos and Trademarks. The use of established corporate colors or logos shall not be prohibited by this section. When established corporate colors are incompatible with buildings colors, compatibility in design with the surrounding development shall be accomplished through the use of appropriate background colors and/or other design features.

F.

Lighting Intensity. The light emitted or reflected by a sign, or emitted by alight source, shall be of reasonable intensity and shall be compatible with the architecture of the building and the immediate vicinity. Artificial light sources shall be shielded to prevent light spillage, glare or annoyance to persons on or inside adjoining properties or to public or private rights-of-way.

G.

Illumination. Internally illuminated signs where the entire face of the sign is illuminated rather than just the letters, logos, and address, are not consistent with the desired character of signs within the city and shall be prohibited. Illumination of established corporate logos or trademarks shall not be prohibited by this provision.

H.

Sign Bases and Frames. Freestanding signs shall be either housed in a frame, or set onto a base, presenting a solid, attractive, and well-proportioned appearance. The size and shape of the frame or base shall be proportionate to the size and mass of the sign and shall be low-profile in design.

I.

Landscaping. Where feasible freestanding signs shall be located in a landscaped area proportionate to the size of the sign. Appropriate accent landscaping shall be placed at the base of the sign. J.

Sign Copy.

Sign copy shall be limited to business name and address and shall not include telephone numbers, with the following exceptions:

a.

Health Care and Other Professional Offices. Sign copy may include the business type in place of the business name. Freestanding sign copy for medical centers may include the name of the medical center as well as leasing information consistent with Section 18.30.080.

b.

Commercial and Industrial Centers. Freestanding sign copy may include the name of the commercial or industrial center as well as leasing information consistent with Section 18.30.080. 2.

On freestanding signs structures, sign copy shall be designed to contribute to the design of the structure on which it is displayed. In all cases, freestanding sign design and sign copy shall be coordinated to provide an attractively designed freestanding element which identities the development or project. K.

Wall Signs. Building signs shall be mounted flush against the building, and shall not project above the roof ridge or the top of the parapet. Raceway mounted signs shall be strongly discouraged.

L.

Old Alvarado. Signs placed within the Old Alvarado design district shall comply with the design criteria established by the design guidelines for Old Alvarado.

M.

Screening. Guy wires, angle irons, braces and other support or construction elements shall be screened or hidden from view.

N.

Maintenance. All signs and their supporting members shall be kept in good repair and maintained in good and attractive structural condition at all times.

O.

All signs shall be designed, constructed and maintained in conformance with the purpose of this chapter as defined in Section 18.30.010.

P.

Cabinet Signs. Cabinet signs, also known as "can" signs, are prohibited on buildings.

Q.

Freestanding Signs. Freestanding signs shall not block vehicle and pedestrian traffic visibility by

obstructing the line of sight between adjacent driveways and roadways.

(Added during 7-93 supplement; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 757-11 § 1, 2011)

The placement and display of any signs in any district is subject to the limitations and conditions set forth in this section.

A.

Commercial District Regulations. Signs permitted in commercial zoning districts must comply with the limitations and conditions set forth as follows:

1.

Applicability. These regulations apply to all commercial (C) zoning districts, as defined in Chapter 18.12, including the following:

CSMU—Station Mixed Use Commercial

CPA—Professional and Administrative Commercial

CN—Neighborhood Commercial CC—Community Commercial

CVR—Visitor and Recreation Commercial

CUL—Union Landing Commercial

CMU—Corridor Mixed Use

MMU—Marketplace Mixed Use

SEMU-R—Station East Mixed Use Residential

VMU—Village Mixed Use

SEE—Station East Employment

2.

Permitted Sign Area.

a.

Building Signs. Maximum permitted sign area is subject to review and approval by the Director and shall not exceed the following:

b.

Freestanding Signs. Freestanding signs may be permitted a maximum sign area of 64 square feet and a maximum sign height of six feet. Each freestanding sign may provide sign area for a maximum of two businesses/building tenants; any freestanding sign providing sign area for more than two

businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval. Freestanding signs are required to provide a contrasting background that is visible from the street. Freestanding signs shall provide the street address(es) of the building(s) and/or site at which they are located. 3.

Number Permitted.

a.

Building Signs. A maximum of one sign per street frontage per tenant may be permitted. Tenant spaces with more than one primary public entrance may be permitted a second building sign to identify that entrance if the second entrance is either more than 200 feet from the primary entrance or if it is located on a different building elevation than the primary entrance.

b.

Freestanding Signs. One freestanding sign may be permitted per street frontage per parcel. However, if street frontage length exceeds 400 feet, then two freestanding signs may be permitted on that frontage. 4.

Accessory Signs. A maximum additional sign area not to exceed 20% of the total permitted building sign area may be permitted for accessory signs.

5.

Outdoor Uses. For establishments with operations conducted primarily outdoors, a maximum total sign area equal to 0.5 square feet per lineal foot of street frontage may be allowed, provided that the total sign area on the premises does not exceed 120 square feet.

B.

Industrial District Regulations. Signs permitted in industrial zoning districts must comply with the limitations and conditions set forth as follows:

1.

Applicability. These regulations apply to all industrial zoning districts, as defined in Chapter 18.12, including the following:

MS—Special Industrial

ML—Light Industrial

MG—General Industrial

2.

Permitted Sign Area.

a.

Building Signs. A maximum building sign area, equal to 0.25 square feet per lineal foot of building or tenant frontage, may be permitted in the ML and MG zoning districts. In the MS and RDC zoning districts, a maximum building sign area equal to 0.5 square feet per lineal foot of building or tenant frontage may be permitted. In the ML and MG zoning districts, in no case shall building sign area exceed 200 square feet. b.

Freestanding Signs. In the industrial zoning districts, a maximum sign area of 64 square feet will be permitted for each freestanding sign. No freestanding sign shall exceed a maximum sign height of six feet; each freestanding sign may provide sign area for a maximum of two businesses/building tenants; any freestanding sign providing sign area for more than two businesses/building tenants is considered a multiple tenant freestanding sign and is prohibited unless a use permit is granted for a planned sign program per Section 18.30.100(E). Freestanding signs may integrate on site real estate information including contact name, number and/or available square footage into sign copy, subject to Economic and Community Development Department review and approval. Freestanding signs are required to provide a contrasting background that is visible from the street. Freestanding signs shall provide the street

address(es) of the building(s) and/or site at which they are located.

Number Permitted.

a.

Building Signs. A maximum of one building sign per street frontage per tenant may be permitted. Tenant spaces with more than one primary entrance may be permitted a second building sign to identify that entrance if the second entrance is either more than 200 feet from the primary entrance or if it is located on a different building elevation than the primary entrance. No off-site signage shall be permitted.

b.

Freestanding Signs. One freestanding sign may be permitted per street frontage per parcel. However, if street frontage length exceeds 400 feet, then two freestanding signs may be permitted on that frontage. No

off-site signage shall be permitted.

4.

Accessory Signs. A maximum additional sign area not to exceed 20% of the total permitted building sign area may be permitted for accessory signs.

5.

Outdoor Uses. For establishments with operations conducted primarily outdoors, a maximum total sign area equal to 0.5 feet per lineal foot of street frontage may be allowed provided that the total sign area on the premises does not exceed 120 square feet.

C.

Residential District Regulations. Signs permitted in residential zoning districts must comply with the limitations and conditions set forth as follows:

1.

Applicability. These regulations apply to all residential (R) zoning districts as defined in Chapter 18.12, including the following:

R and RS—Single-family residential RM—Multifamily residential 511—Specific Plan Area residential 2.

Display Limitations. Limitations and conditions for residential signs are as follows:

a.

Residential Project Identification Signs. Residential projects may be permitted a maximum sign area of 30 square feet per street frontage. Such signs may be wall-mounted or freestanding. In no case shall freestanding signs exceed six feet in height. Signs may be indirectly illuminated or naturally illuminated. Only the name and address of the project may be included in the sign copy.

b.

Nonresidential Uses. All nonresidential uses in residential districts, including conditionally permitted uses, shall be subject to the sign regulations of the zoning district deemed most similar in nature to the proposed use. Such determination shall be made by the Director upon review of a sign plan in accordance with the procedures of Section 18.30.100.

c.

Home Occupation Signs. Home occupation signs advertising an approved home occupation conducted on the premises shall be exempt from the review procedures of Section 18.30.100, provided that such signs shall be naturally illuminated, shall not exceed one and one-half (1½) square feet in area, and shall be located flat against the wall or window of the dwelling.

D.

Other Zoning District Regulations.

1.

Applicability. Signs permitted in all other zoning districts not specifically listed in subsections A, B and C of this section shall be subject to the sign regulations of the zoning district deemed most similar in nature to the proposed use. Such determination shall be made by the Director upon review of a sign plan in accordance with the procedures of Section 18.30.100.

(Added during 7-93 supplement; Ord. 523-98 § 2(B), 1998; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 903-22 § 4, 2022)

This section is intended to provide signage associated with large-scale retail uses located adjacent to Interstate 880 with adequate freeway visibility. A freestanding freeway-oriented sign may be permitted in addition to the signs permitted pursuant to Section 18.30.080, District regulations, provided the sign complies with the requirements of this section.

A.

Placement. Freestanding freeway-oriented signs shall be permitted only in the special industrial (MS) or commercial (C) zoning districts as defined in Chapter 18.12. A freeway-oriented sign shall be allowed only upon the lot or project site on which the use, product or service advertised by the sign is located. B.

Minimum Lot Size. A freeway-oriented sign shall be permitted only on a lot or project site of at least three acres in size. In addition, display on these signs shall be limited to identification of tenants with a gross floor area not less than 20,000 square feet.

C.

Location. Freeway-oriented signs shall be located not less than 10 feet from the edge of the freeway rightof-way nor more than 500 feet from the nearest point on the freeway centerline. D.

Number Permitted. A maximum number of one freestanding freeway-oriented sign may be allowed per lot. E.

Height. Freestanding freeway-oriented signs shall be of a minimum height necessary to provide adequate freeway visibility from 500 feet in either direction from the closest point on the freeway centerline to the proposed sign. In no case shall a freeway-oriented sign exceed 55 feet in height.

F.

Sign Area Permitted. The maximum permitted sign area for freeway-oriented signs shall be equal to 0.40 square feet of sign area per lineal foot of sign setback from the nearest point on the freeway centerline. In all cases, a minimum sign area of 100 square feet may be permitted, and in no case shall permitted sign area exceed 200 square feet.

G.

Design Criteria. Signs shall be designed to be compatible with the architecture of the subject development and shall comply with all applicable provisions of Section 18.30.070, design criteria. Pole signs are not consistent with this criteria and shall not be permitted.

H.

Review Requirements. All freestanding freeway-oriented signs shall be subject to the sign application procedures, Section 18.30.100, and the site development review procedures of Chapter 18.76.

(Ord. 400-92 § 2 (Exh. A), 1992; Ord. 420-93 § 2, 1993; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006) The following procedures shall govern the submission and review of sign applications: A.

Approval Required. Unless the proposed sign is exempt pursuant to Section 18.30.040, the owner of a lot or business establishment shall secure sign plan approval prior to the construction, placement, erection, or modification of any sign.

B.

Sign Plan Defined. All sign plans shall contain the following information as deemed appropriate by the Director:

1.

An accurate plot plan of the lot showing the location of all buildings, parking lots, driveways, landscape areas and all proposed and existing freestanding signs;

2.

An accurate elevation, drawn to scale, of all freestanding signs, building signs, and building facades upon which a sign is proposed or existing;

The location and design of all accessory signs;

4.

Computation of total sign area, the area of each individual sign, and the height of each freestanding sign; 5.

The plan shall specify the following, for each proposed and existing sign:

a.

Color scheme,

b.

Lettering or graphic style,

c.

Lighting,

d.

Exterior materials,

e.

Sign dimensions,

f.

Base design, and

g.

Product, service or use advertised;

6.

The sign plan shall be signed by the owner of the lot or business establishment or his/her authorized agent in such form as the Director shall require;

7.

A sign plan for a freeway-oriented sign shall include a cross-section drawing showing the relationship between the proposed sign height and the height of the freeway as well as the distance of the proposed sign from the freeway;

8.

Any additional information deemed necessary by the Director for the adequate review of the proposed sign. C.

Sign Review Procedures.

1.

Sign Review for Proposed Developments. A sign plan for a proposed development project shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for that development, and shall be subject to the site development review procedures established by Chapter 18.76.

2.

Sign Review for Uses in Existing Developments, Temporary Signs, and Sign Permit Extensions. A sign plan application for a new sign in an existing development, for a temporary sign, or for a sign permit extension shall be submitted to the Economic and Community Development Department for review. The Director may approve any such sign conforming to the applicable design criteria and district regulations as defined in Sections 18.30.070 and 18.30.080. Any sign application deemed to be of significant public interest or of a controversial nature may be subject to the site development review procedures established by Chapter 18.76, if deemed appropriate by the Director. Any sign extension granted shall not exceed the original time allotted for the sign.

Sign Review for Freestanding Freeway-Oriented Signs. A sign plan application for a freestanding freewayoriented sign shall be subject to the site development review procedures established by Chapter 18.76. All such sign proposals shall comply with the conditions and limitations established by Section 18.30.090.

D.

Binding Effect. Upon approval of a sign plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of these regulations. In case of any conflict between the provisions of such a plan and any provision of this chapter, the more restrictive provisions of this chapter shall govern.

E.

Planned Sign Program Use Permit Procedure. A conditional use permit for a planned sign program for a multi-tenant commercial or industrial site or project such as a community shopping center or any other site containing at least two acres in land area may be approved by the Planning Commission. Such a program shall be evaluated on its own merit and need not conform to all of the limitations of Sections 18.30.070 and 18.30.080, provided that the Planning Commission can make the following findings in addition to those findings required by Chapter 18.56:

1.

That the proposed sign program is consistent with the intent and purpose of this chapter as listed in Section 18.30.010;

2.

That the approval of this use permit will result in an attractively designed sign program that will enhance the aesthetic quality of the community.

F.

Variance Procedure. In the event that the strict or literal interpretation of the regulations of this chapter result in undue or unnecessary practical hardships inconsistent with the purpose or intent of this chapter, a variance request may be pursued in accordance with Chapter 18.60. A variance may be granted from the regulations of this chapter pertaining to permitted sign height, sign area, number of signs permitted, and sign location.

G.

Appeal Procedures. All decisions made by the Director to approve or deny a sign plan may be appealed to the Planning Commission in accordance with the provisions of Section 18.52.087. All decisions made by the Planning Commission to approve or deny a sign plan may be appealed to the City Council in accordance with the provisions of Section 18.52.088(C).

(Added during 7-93 supplement; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006)

Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform with the requirements of these regulations shall be obligated to remove such sign or to bring it into conformity with the requirements of these regulations. Furthermore, a violation of these regulations shall be considered a violation of this Code and shall be subject to the enforcement remedies and penalties provided by these regulations, this Code, and by State law. Each sign installed, created, erected, or maintained in violation of these regulations shall be considered a separate violation when applying the penalty provisions of this Code.

A.

Nonconforming Signs. Any sign constructed with all applicable Economic and Community Development Department and Building Division approvals, which is made nonconforming by the adoption of these regulations, may remain in place and be maintained for a period ending no later than five years from the adoption of the ordinance codified in this chapter, provided that no action is taken which increases the

degree or extent of the nonconformity. A change in the information on the face of an existing nonconforming sign is allowed. However, any nonconforming sign shall either be eliminated or made to conform with requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than 25% of the lesser of the original value or replacement value of the sign. Any sign constructed with valid Economic and Community Development Department and Building Division approvals after January 1, 1987 shall be exempt from the five year amortization schedule discussed above. B.

quirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than 25% of the lesser of the original value or replacement value of the sign. Any sign constructed with valid Economic and Community Development Department and Building Division approvals after January 1, 1987 shall be exempt from the five year amortization schedule discussed above. B.

Extension of Amortization Period. If the amortization period specified in subsection A of this section is short as to create an unusual hardship on the owner of a sign, application may be made for an extension thereof, provided the application is submitted before the expiration of such amortization period. For purposes of this section, "owner" means and includes lessee.

1.

Application. An application shall be submitted to the Director and shall be accompanied by a fee as may be set by resolution adopted by the Council. The application shall contain the name and address of the sign owner, the land owner, the type, location and size of sign, the date erected, the height (including supports) of the sign, the cost of construction, and the length of time extension is requested; and shall be accompanied by a detailed statement of reasons for the request for an extension.

2.

Administrative Procedures. An application for an extension of the amortization period shall be considered by the Planning Commission who shall determine whether the nonconforming sign meets the time extension criteria set forth in subdivision 3 of this subsection and other applicable time extension criteria. The Planning Commission may grant or deny an application for an extension, or require such changes as are in its judgment necessary to minimize the adverse effects of such nonconforming sign upon surrounding properties. In granting an extension, it shall determine what is the minimum time extension or conditions that will afford reasonable relief without being unduly inharmonious with the purpose of this chapter, as set forth in Section 18.30.010, or unduly detrimental to the location involved. The findings and the basis for the Planning Commission's decision shall be transmitted to the applicant in writing.

3.

Time Extension Criteria. In considering an application for an extension of the amortization period for a nonconforming sign, the following criteria shall be applied:

a.

The objective is to provide flexibility without circumventing the purpose of eliminating nonconforming signs;

b.

The purpose of eliminating nonconforming signs is to remove existing signs that are incompatible with the objectives of this chapter;

c.

An unusual hardship on the owner of a nonconforming sign means that the sign is performing a useful function and has not returned to its owner a reasonable portion of his/her investment in the sign, taking into consideration the age of the sign, its remaining economic life, and the cost of its construction; d.

The purpose of the amortization period is to protect investment in a sign, not to prevent losses of future income;

e.

The purpose of the amortization is not an estimate of the remaining useful physical life of the sign involved; f.

Signs not permanently affixed to buildings or land shall not be eligible for a time extension. C.

Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by these regulations, Title 1 of the Municipal Code, and by State law:

1.

To install, create, erect, or maintain any sign in a way that is inconsistent with the provisions of this chapter or an approved sign plan for the lot on which the sign is located;

2.

To install, create, erect, or maintain any sign requiring a sign plan approval without such approval; 3.

To fail to remove any sign that is installed, created, erected, or maintained in violation of these regulations; 4.

To fail to remove all signs within 60 calendar days after the termination, removal, or change in use of the property on which the sign is located;

5.

To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty provisions of this Code.

(Added during 7-93 supplement; Ord. 664 § 2, 2006; Ord. 670-06 § 3, 2006)

Chapter 18.31 SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS (§ 18.31.010 – § 18.31.110)

The purpose of this chapter is to provide objective zoning standards for SB 9 Housing Developments within single-family residential zoning districts, to implement the provisions of State law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development

of new residential units in a manner compatible with existing single-family residential uses and ensure standards of public health and safety.

The following zones are identified as single-family residential zoning districts; R-5000, RS-6000, RS-6000H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and 511.

(Ord. 900-22 § 4, 2022)

For purposes of this chapter, the following definitions apply:

"Dwelling unit"

means a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.08.

"Primary dwelling unit"

means the single-family residence on the property prior to the approval of an SB 9 unit or urban lot split. "SB 9 housing development"

means a project containing one or more SB 9 units and may include an urban lot split. "SB 9 unit"

means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or

constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.

"Urban lot split"

means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.

(Ord. 900-22 § 4, 2022; Ord. 2025-002, 3/25/2025)

A.

When not located on a site subject to an approved or proposed urban lot split: (i) a maximum two SB 9 units are permitted per parcel; and (ii) either one accessory dwelling unit and/or junior accessory dwelling unit per SB 9 unit or primary unit meeting the requirements in Chapter 18.34 is permitted, for a total of up to four dwelling units on the subject property.

B.

When located on a site subject to an approved or proposed urban lot split, a maximum two SB 9 units are permitted per parcel resulting from the urban lot split, for a total of two units on each of the two resulting parcels. Should a resulting parcel include only one primary or SB 9 unit, either one SB 9 unit, accessory dwelling unit, or junior accessory dwelling unit is permitted.

(Ord. 900-22 § 4, 2022)

A.

Applications for SB 9 Housing Developments are eligible for ministerial approval on parcels located within a single-family residential zoning district.

B.

To be eligible for an SB 9 Housing Development, the proposed housing development shall meet all of the following criteria:

1.

Not be located on a site as identified in Government Code Section 65913.4(a)(6)(B) to (K), or as amended:

2.

Does not require the demolition or alteration of:

a.

Housing subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income.

b.

Housing occupied by tenant(s) in last three years as determined by the City based on City records or information requested by the City from the applicant.

3.

Owner has not exercised the owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within last 15 years. 4.

Does not demolish more than 25% of existing exterior structural walls if the site has been occupied by a tenant in the last three years.

5.

Is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance. For purposes of this chapter, this includes the properties located within the Landmark and Historic Preservation Overlay Zone, or included in the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation. C.

For urban lot splits, the following criteria must also be met:

Parcel has not been established through exercise of an urban lot split, as provided for in this chapter.

2.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter. For the purposes of this criterion, "adjacent parcel" means a parcel sharing any portion of its lot line(s) with the parcel being subdivided using the provisions of the urban lot split.

(Ord. 900-22 § 4, 2022)

A.

An application for an SB 9 Housing Development shall be made to the Zoning Administrator on a form prescribed by the Director which shall include the following data:

1.

Name and address of the applicant;

2.

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

3.

Address or description of the property;

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of Title 18 together with any other data pertinent to the review prescribed in this chapter.

B.

Plans shall include the contents as required by the SB 9 Housing Development Checklist as prescribed by the Director.

C.

The application shall be accompanied by the items identified by the SB 9 Housing Development Checklist as prescribed by the Director.

D.

An application fee as established by the City Council by resolution.

(Ord. 900-22 § 4, 2022)

In addition to the information listed in Section 18.31.050, the following shall be provided for projects involving an urban lot split:

A.

The plans for urban lot split shall be prepared by a person qualified to prepare subdivision maps, such as a registered civil engineer, or licensed surveyor. Such urban lot split shall be in full compliance with the requirements of this chapter. Topography and boundaries of said urban lot split shall be certified as to accuracy by a registered civil engineer or licensed land surveyor, and all public improvements shall be designed by a registered civil engineer.

B.

Applicant shall sign an affidavit on a form provided by the City stating the owner intends to occupy one of the housing units on a resulting parcel as his or her principal residence for a minimum of three years from the date of the approval of the urban lot split, except this shall not apply to a community land trust or a qualified nonprofit corporation.

C.

Plans shall include the contents as required by Section 17.20.030 and as required by the appropriate urban lot split checklist as prescribed by the Director or City Engineer.

D.

An application fee as established by the City Council by resolution.

(Ord. 900-22 § 4, 2022)

An SB 9 Housing Development does not increase the density of the lot upon which it is located. (Ord. 900-22 § 4, 2022)

A.

An application to create an SB 9 Housing Development, with or without an urban lot split, shall be ministerially reviewed, and either approved or denied, by the Zoning Administrator based on the requirements of this chapter and application law.

B.

Notwithstanding subsection A, above, an application for an SB 9 Housing Development may be denied if the Chief Building Official or their designee, upon making written findings to the Zoning Administrator or their designee, finds the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. 900-22 § 4, 2022)

A.

The standards set forth in this chapter shall not preclude the construction of up two dwelling units per parcel and shall not preclude each dwelling unit from being at least 800 square feet in floor area. To the extent that any development standard precludes such development, the development standard shall be reduced or eliminated only to the extent necessary to allow the development of up to two dwelling units, of at least 800 square feet, per parcel.

B.

All SB 9 units shall have separate utility connections and meters. If an accessory dwelling unit becomes a primary dwelling unit, a separate utility connection for the reclassified unit shall then be required.

C.

All SB 9 units, whether attached or detached, shall be designed for separate conveyance, in accordance with applicable Fire Code and Building Code requirements.

D.

Setbacks. SB 9 units shall meet the setbacks established by the zoning district for primary structures except as provided below:

1.

Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

2.

Interior Side and Rear Setbacks. SB 9 units shall be setback from interior side and rear lot lines a minimum of four feet.

3.

Exterior Side Setbacks. On the street side of a corner lot, the street side yard shall not be less than 10 feet. E.

Height. SB 9 units shall be subject to the height limitations established by the zoning district for primary structures except:

1.

The maximum height of the portion of a SB 9 unit located between the four foot setback line established by this chapter and the limit of the rear, side, or street side yard area established by zoning district is 16 feet,

as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure. F.

Lot Coverage. SB 9 units on the same parcel shall be cumulatively limited to the lot coverage allowed by the residential zoning district that the parcel is located, except that in no case shall a single unit be larger than 2,000 square feet.

G.

Building Separation. SB 9 units shall be separated from accessory structures on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of five feet, except that the distance between a main structure and an accessory structure shall be allowed to be closer than six feet if all the following conditions are met:

1.

These separation requirements would cause SB 9 unit to conflict with the minimum setbacks or unit size otherwise allowed by this chapter.

2.

All of the requirements of the Building and Fire Codes are met.

3.

If accessory structures are not located closer than four feet to any side or rear lot line.

H.

Parking. One off-street, covered and enclosed parking space shall be provided per SB 9 unit, except if the parcel is located:

1.

Within one-half (0.5) mile walking distance of either a high-quality transit corridor (as defined by Section 21155 of the California Public Resources Code) or a major transit stop (as defined by Section 21064.3 of the California Public Resources Code); or

2.

Within one block of a permitted car share vehicle location.

3.

Transit frequency shall be based on the schedule posted by the transit agency at the time of the issuance of the first "completeness" letter issued by the city following submittal of the application.

I.

Addressing. Street addresses shall be assigned to all units to assist in emergency response prior to building permit issuance. An address shall be placed at the front of the lot, visible from the public right-of-way, and at the main entrance to the unit (if not visible from the public right-of-way).

J.

Except where indicated in this chapter, SB 9 Housing Developments shall comply with other Zoning and Building Code requirements generally applicable to residential construction in the applicable zone where the property is located.

K.

Development standards set forth in a planned unit development or specific plan shall apply to any SB 9 Housing Development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by State law for an SB 9 housing development; or (2) preclude an SB 9 Housing Development that meets the applicable requirements of State law or this chapter.

L.

SB 9 Housing Development shall comply with the following owner occupancy requirements:

In the case where there is no urban lot split, rental of any accessory dwelling unit or junior accessory dwelling unit associated with a primary or SB 9 unit shall be as specified in Chapter 18.34.

2.

In the case where there is an urban lot split, the applicant shall sign an affidavit on a form provided by the City stating that the applicant intends to occupy one of the dwelling units as his or her principal residence for a minimum of three years from the date of approval of the urban lot split.

M.

Rental of any SB 9 unit shall be for more than 30 consecutive days.

(Ord. 900-22 § 4, 2022)

Notwithstanding Title 17 of this Code, the City shall ministerially approve a parcel map for an urban lot split, subject to meeting all of the requirements in this chapter.

A.

The urban lot split shall result in no more than two parcels and one of the two parcels resulting from the urban lot split shall not be smaller than 40% of the lot area of the original parcel. B.

The newly created parcels shall conform to all of the following standards:

1.

Each lot shall be a minimum size of 1,200 square feet.

2.

The side lot lines of all lots, to the extent possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.

3.

Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this chapter.

4.

Lot depth shall not exceed two times the lot width except as provided below.

a.

The Director may approve a lot depth between two and three times the width where, based on the physical characteristics of the land, a greater lot depth would result in a better lot configuration considering the established development pattern in the area and efficient utilization of land.

C.

Flag lots, if proposed, shall meet the following standards:

1.

A flag lot shall be allowed with an urban lot split in a situation where a conventionally configured lot would not allow for a second lot of at least 1,200 square feet, accommodating two housing development units of at least 800 square feet each.

2.

Front, side, and rear yards for the purposes of identifying required setbacks shall follow the orientation established by the adjacent lots unless otherwise determined by the Zoning Administrator and/or their designee.

The minimum width of the access corridor portion of the flag lot shall be 12 feet paved, except where greater width is required for Fire Department access.

4.

A fence may be constructed between the access corridor of a flag lot and the adjacent parcel consistent with the requirements listed in Section 18.32.040, except that the fence height may not exceed three feet within the front yard area of the adjacent property.

5.

All fire code requirements shall be met, including, but not limited to: access, driveway length and width, turnarounds, clearance, road grades, fire hydrant connections.

D.

Driveways shall conform to the minimum standards set by the Public Works Department standard detail STD-201, or as specified in the Fire Code if emergency vehicle access is required.

E.

Two driveways on less than 70 feet of total frontage are permitted only when necessary to provide access to both parcels resulting from the urban lot split. In this case, either the aggregate width of two separate driveways or a combined shared driveway must comply with the dimensions set forth by the Public Works Department standard detail and the driveway shall be configured to avoid unnecessary loss of available curbside parking in the neighborhood. Shared driveways and shared curb cuts are encouraged whenever possible.

F.

Public service easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 17 of this Code.

G.

All uses on each newly created parcel shall be limited to permitted residential uses under Section 18.32.020.

(Ord. 900-22 § 4, 2022)

All SB 9 Housing Developments shall meet the following standards:

A.

The standards set forth in this chapter shall not preclude the construction of up to two SB 9 units per parcel and shall not preclude each SB 9 unit from being at least 800 square feet in floor area.

B.

Building Façades and Materials.

1.

No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet and no façade facing an interior lot line shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:

a.

A vertical wall shift at least one foot in depth;

b.

A change in material type;

c.

Windows or building entrances;

d.

A projection such as a stoop, bay window, or overhang; or

e.

Exceptions. Exceptions may be granted by the Director where the Director finds that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance. 2.

A minimum of three exterior colors or a combination of materials and colors shall be used on the building façade.

a.

Stucco must be used in combination with a secondary material.

3.

Transitions for both materials and colors shall be located at internal corners.

a.

Exceptions. Exceptions may be granted by the Director where the Director finds that transitions in other locations create visual variety or to accommodate a complete architectural style.

4.

Second-story façades shall incorporate the following:

a.

A minimum of a six foot inset from the front wall plane;

b.

A minimum of an 18 inch inset from the side and rear wall plane;

c.

Exceptions. Exceptions may be granted by the Director to accommodate a complete architectural style or alternative detailing that complement the architectural character of the existing development or neighborhood.

5.

Where chimney extensions are involved, the extension shall incorporate the same materials as the existing chimney.

C.

Windows and Glazing.

1.

All windows shall incorporate the following:

a.

Trim at least three inches in width must be provided around all windows, or

b.

Windows must be recessed at least two inches from the plane of the surrounding exterior wall.

c.

Exceptions may be granted by the Director to accommodate alternative window design complementary to the architectural style of the structure.

2.

Upper story windows located less than 10 feet from side and/or rear lot lines and facing side and/or rear yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

a.

The sill height located a minimum of 60 inches above the finished floor.

b.

The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

c.

Any window located partially or entirely below 60 inches from the finished floor consists of frosted or obscured glazing.

d.

As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.

D.

Roof Form and Detailing.

1.

New structures shall provide a roof pitch no less than two and one-half (2.5) inches of vertical rise for each 12 inches of horizontal run.

a.

Mansard roofs shall be prohibited.

2.

SB 9 units resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.

3.

New buildings shall provide a roofing material that is the same as the predominant roofing material throughout properties within 100 feet.

4.

Roof material and color shall be the same throughout the entirety of the roof.

5.

Overhanging eaves shall extend a minimum of 12 inches beyond the supporting wall.

6.

The roof form and materials of garages shall be the same as the materials and detailing of primary and SB 9 units.

7.

Exceptions. Exceptions may be granted by the Director to accommodate a complete architectural style or alternative roof forms and detailing that complement the architectural character of existing development.

E.

Principal Entrances.

1.

Each street frontage shall have at least one principal entry oriented toward it.

2.

The principal entrance may be an individual entrance to a single unit or a shared entrance that provides access to more than one unit.

3.

The principal entry shall be emphasized utilizing at least one of the following methods:

a.

A projection (e.g., overhang) with a minimum depth of three feet and a minimum horizontal area of 30 square feet.

b.

A recess a with a minimum depth of three feet and a minimum horizontal area of 30 square feet.

c.

A landing, deck, porch, or stoop with a minimum six foot by six foot area.

Street-facing front entries shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of three feet.

5.

Exceptions. The Director may approve alternative principal entrance designs that create a welcoming entry feature such as a trellis, landscaped courtyard entry, enhanced walkway, columns or other architectural features.

F.

Balconies. Usable balconies and upper-story decks are prohibited on SB 9 units. Decorative/faux balconies that are less than two feet in depth and are not accessible from the unit are allowed.

G.

Exterior Stairways. Exterior stairways providing access to an upper story are prohibited. H.

Walls, Fences and Hedges. Walls, fences, and hedges shall meet the requirements identified in Section 18.32.040.

I.

Mechanical and utility equipment shall be concealed as viewed from the public right-of-way. Groundmounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of three feet. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the City Engineer. Roof mounted equipment shall be screened by the use of architectural screens or roof wells.

J.

Storage of waste containers shall not be located within private driveways or be visible from the public rightof-way.

K.

SB 9 Housing Developments shall comply with the following landscaping requirements:

1.

Lots with aggregate new landscaped area equal or greater to 500 square feet or replaced landscaped area equal or greater to 2,500 square feet shall comply with the Chapter 18.112 water efficient landscaping and the City's Residential Landscape Standards Policy Statement.

2.

Front yard landscaping shall comply with the requirements listed in Section 18.32.115.

3.

Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers shall be a maximum of three feet in height. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the City Engineer.

L.

Garages constructed for SB 9 units shall meet the following standards:

1.

Garages shall comply with the standards identified in Section 18.32.160(C).

2.

Detached garage shall comply with the standards identified in Section 18.32.020(I).

Front entry attached garages shall be articulated and offset from the adjacent wall plane.

Garage doors located in a stucco wall shall be recessed a minimum of three inches from the surrounding building wall.

5.

Garage doors located in wood clad (or similar) siding, or masonry walls shall provide surrounding trim with a minimum width of three inches.

(Ord. 900-22 § 4, 2022)

Chapter 18.32 RESIDENTIAL DISTRICTS (§ 18.32.010 – § 18.32.190)

Note: Prior ordinance history: Ords. 434-94 and 452-95.

Use and bulk regulations applying specifically to residential districts are set forth in the chapter which follows. Regulations set forth in other chapters that apply to residential districts include, but are not limited to:

(Ord. 55-64 § 6.0, 1964; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 815-16

§ 4, 2016)

The purpose of this chapter is to define allowable uses and provide property development standards for the RS and RM zoning districts to further the public health, safety and general welfare in a manner consistent with the City's General Plan.

(Ord. 670-06 § 3, 2006)

A use that is not listed here or in Section 18.32.030 is not a permitted use. The following uses shall be permitted:

A.

Uses lawfully established on the effective date of the ordinance codified in this chapter.

B.

In RS and R districts, one family dwellings, including site-built or modular homes.

C.

In RS and R districts, manufactured homes placed as a sole principal residence on a single-family lot and constructed after June 15, 1976, subject to the following requirements:

1.

All provisions of this title applicable to one family residential structures shall apply unless preempted by State law.

2.

Each unit shall be provided with a continuous concrete foundation and permanent utility connections, and conform to all applicable building, plumbing, electrical and fire codes.

D.

In RM districts, multifamily dwellings, semi-detached single-family dwellings containing not less than two units, and attached dwellings.

E.

Room, room and board, or boardinghouses for not more than two paying guests in the R and RS districts; lodging rooming houses in the RM 1500 district.

F.

Raising for noncommercial purposes of fruit and nut trees, vegetables and horticultural specialties.

G.

Home occupations, subject to the following conditions:

1.

That the home occupation shall be conducted within a primary or accessory dwelling unit by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling;

2.

That the home occupation shall not be conducted in an accessory structure or in an attached garage; 3.

That not more than 20% of the floor area of the dwelling shall be devoted to the conduct of the home occupation;

4.

That an attached garage or detached accessory structure shall not be used as living or sleeping quarters in order to conduct the home occupation within the dwelling;

5.

That the entrance to the area devoted to the home occupation shall be from within the dwelling; 6.

That there shall be no exterior alteration of the dwelling and there shall be no internal alterations or construction features not customary in a dwelling;

7.

That there shall be no show window or window display to attract customers, clients or the general public, and no sign shall be displayed other than a non-illuminated name plate not exceeding one and one-half (1.5) square feet in area, which shall be located flat against the wall or window of the dwelling;

That no one other than a resident of the dwelling shall conduct business from the dwelling; employees working off-site only may be allowed;

9.

That there shall be no noisy or otherwise objectionable machinery or equipment used in the conduct of the home occupation, that no electronic interference shall be created, and that the conduct of the home occupation shall not create any noise audible beyond the boundaries of the site;

10.

That a maximum of one vehicle shall be associated with the home occupation. The vehicle associated with the home occupation shall be parked in an enclosed garage or under a designated carport when not in use. If the lot does not have a garage or carport, then the vehicle shall park in an approved driveway on the lot;

11.

That there shall be no storage of equipment or supplies in an accessory structure, in an attached garage, or outside of the dwelling, except that equipment or supplies incidental to a service performed off of the premises may be stored in one truck of not more than one-half (0.5) ton capacity;

That the conduct of the home occupation shall not create excessive pedestrian, automobile or truck traffic in the vicinity;

13.

That the following uses shall not be permitted:

a.

Organized classes in music, dancing, art, drama, self-defense, business and the like, except that the instruction of one pupil at a time shall be permitted;

b.

Personal service establishments such as commercial photo studios, beauty parlors, massage parlors, barber shops, health studios, self-improvement courses and the like;

c.

Repair services such as repair of household appliances, furniture, electronic equipment, automobiles and their parts, and the like and handicraft work such as woodwork, cabinetry, metal working, welding and the like;

d.

The sale and trade of goods or products such as firearms, ammunition, fireworks, hazardous chemicals, or any product that has the potential to cause injury if improperly handled and is therefore unsuitable for home occupation as determined by the Zoning Administrator;

e.

Uses that involve the use of a vehicle that cannot not fit into a standard residential garage (i.e., shuttles, trucking, construction), unless there is evidence of dedicated off-site parking;

f.

Automobile sales;

g.

Food preparation, except that cottage food operators consistent with the California Homemade Food Act shall be permitted.

h.

Microenterprise Home Kitchen Operations (MEHKO), except for MEHKO operating with a valid Alameda County Department of Environmental Health Permit, and that do not create a nuisance.

H.

Swimming pools, spas, and related equipment located on the same site with a permitted use, subject to the locational criteria for detached accessory structures.

I.

Accessory structures located on the same site with a permitted use, including private garages and carports, storage sheds, gazebos, greenhouses, workshops, and similar structures, shall be subject to the following conditions and the design criteria listed in Section 18.32.125:

1.

Attached accessory structures shall be subject to the following conditions:

a.

Attached accessory structures that share a common wall with the main structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34.

b.

Attached accessory structures shall provide the same front, side and rear yards as required for the main structure except that an attached patio cover and/or enclosed patio may encroach into the required rear yard area from the main structure when:

i.

There remains at least 10 feet of clear, open space from the nearest projection of the patio cover eaves to the rear lot line;

ii.

The height of the structure at its maximum vertical projection shall be 12 feet, and may go up to 14 feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed 12 feet, as measured from grade;

iii.

Maximum site coverage allowed in the residential zoning district is not exceeded.

2.

Detached accessory structures shall be subject to the following conditions:

a.

A detached accessory structure shall not be used for additional living or sleeping purposes, unless legally converted into an accessory dwelling unit consistent with all provisions listed in Chapter 18.34.

b.

Detached accessory structures over 450 square feet in building area are subject to administrative site development review approval in accordance with Chapter 18.72.

c.

If the total square footage of all detached accessory structures exceeds 450 square feet, then the structure(s) which brings the combined total building coverage above 450 square feet, and all subsequent structures, shall be subject to administrative site development review approval in accordance with Chapter 18.72.

d.

Detached accessory structures which propose water or sewer utility connections shall be subject to administrative site development review approval in accordance with Chapter 18.72.

e.

Setbacks.

i.

Detached accessory structures shall be located not closer than five feet from any other structure, four feet to a side or rear lot line.

ii.

Detached accessory structures shall be located on the rear half of the lot or site and in no case forward of the main structure.

iii.

On a corner site, detached accessory structures shall have a side street setback of 20 feet (where the rear yard abuts the side yard of a key lot), with a rear yard of four feet, except, where the rear yards of corner lots adjoin the side street, setback may be 10 feet in the RM district and 15 feet in the RS district. iv.

On a corner site, garages and carports which are entered perpendicular to and from across the side lot line adjoining the street shall be located not closer than 20 feet to such lot line.

v.

On a lot with double frontage, detached accessory structures shall not be located closer to either street than the front yard as required for the main structure.

f.

Height. Detached accessory structures shall be limited to one story, with a maximum height of 12 feet, and may go up to 14 feet to match the roof pitch of the main dwelling, as long as the midpoint of the roof does not exceed 12 feet, as measured from grade.

g.

Lot Coverage. Detached accessory structures shall cover not more than 30% of the actual rear yard.

h.

The roof of a detached accessory structure shall not be used as a deck or floor.

3.

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

J.

Canopy and/or tent structures are prohibited from front yards and exterior side yards, except allowed temporarily four times within a calendar year, each time for up to seven calendar days, with a maximum of one extension per calendar year for one of the four times for an additional seven day period. Temporary canopy and/or tent structures shall not exceed 200 square feet. K.

Decks and balconies consistent with the provision listed in Section 18.32.045. L.

Storage Containers.

1.

Storage containers may be stored on private property for up to 10 days.

2.

Storage containers proposed to remain on private property for more than 10 days and storage containers over 120 square feet in building area are subject to administrative site development review approval in accordance with Chapter 18.72. Storage containers shall be stored on private property, driveways, on concrete aprons adjacent to driveways, or on other compact material for vehicle parking adjacent to driveways.

3.

Storage containers to be used during active construction shall require approval by the Community Development Department.

4.

The property owner, resident tenant or lessee shall obtain all necessary permits prior to bringing storage containers on site.

M.

Amateur radio antennas and antenna structures constructed by or for FCC licensed amateur radio operators that, when fully extended, measure 40 feet or less in height and 24 inches or less in diameter with an antenna boom measuring less than 20 feet in length are subject to administrative site development review approval in accordance with Chapter 18.72 and the provisions of Section 18.32.190.

N.

Temporary subdivision sales offices in accord with the provisions regulating temporary subdivision signs and sales offices.

O.

Agricultural uses including nurseries.

P.

Large family child care homes in all areas zoned to allow single-family or multifamily residential uses subject to approval(s) from the State of California.

Q.

Duplexes on corner lots when constructed as part of the affordable housing obligation as provided in Chapter 18.33. Duplexes shall meet the front, rear and street side yard setback of the district in which they are located. Exceptions to the setback standards may be granted by approval of a use permit.

R.

Repairs to automobiles and other vehicles or equipment shall be limited to minor repair on vehicles or equipment owned by a resident of the premises that may be stored within a private garage. Minor repair shall include minor adjustment or repair to mechanical, electrical systems, small parts replacement, brake pad and wheel replacement or repair, and shall not include engine, transmission or drive train removal or replacement, frame or body and fender work, welding or painting. Minor repair work when done in public view shall be completed in a timely manner and no vehicle shall be left unattended on lacks or temporary

supports. Repair work shall not be done in the public right-of-way.

(Ord. 55-64 § 6.1, 1964; Ord. 55.28-67 § 2, 1967; Ord. 55.145-75 § 2, 1975; Ord. 55.229-81 § 3, 1981; Ord. 55.265-86 § 2, 1986; Ord. 342-90 § 2, 1990; amended during 1991 republication; Ord. 55.321-91, Exh. A,

1991; Ord. 55.323-91, Exh. C, 1991; Ord. 430-94 § 2, 1994; Ord. 457-95 § 2, 1995; Ord. 513-98 Exh. A-1, 1998; Ord. 523-98 § 2(C), 1998; Ord. 548-99 § 1(2), 1999; Ord. 557-00 § 2, 2000; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 764-11 § 2, 2011; Ord. 796-14 § 2, 2014; Ord. 836-16 § 4, 2016; Ord. 849-18 § 4, 2018; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022) The following conditional uses shall be permitted upon the granting of a use permit: A.

Pre-schools; private nonprofit schools and colleges, not including art, craft, music or dancing schools or business, professional or trade schools and colleges; churches, parsonages, parish houses, monasteries, convents, and other religious institutions; public and private philanthropic and charitable institutions; the establishment of bingo games; hospitals, sanitariums, rest homes, community care facilities or nursing homes serving more than six people; private noncommercial clubs, lodges, playgrounds and community centers; private tennis and swim clubs; cemeteries, columbariums and crematories; medical center buildings; lodging rooming houses; and other similar uses.

B.

Planned unit developments—Residential.

C.

Accessory structures and uses located on the same site as a conditional use.

D.

Automobile parking lots conforming to the provisions of Sections 18.04.050 through 18.04.190 and Chapters 18.24 and 18.28 and accessory to a business or commercial use located within 500 feet and solely for the use of employees and customers of the use to which it is accessory, provided:

1.

Such parking lot shall be used solely for the parking of passenger automobiles;

2.

That the parking lot shall be closed between 10 p.m. and 7 a.m.; and

3.

That each entrance and exit to and from each parking lot shall be at least 20 feet in distance from any adjacent property located in any residential district, except when ingress and egress to the parking lot is provided from a public alley or public way separating the residence areas from the parking lot.

E.

Dwelling groups; provided, that the building type shall be restricted to that listed under permitted uses for that district (i.e., one-family dwellings in RS, two-family in R 5000) with equivalent site area per dwelling unit. Any manufactured home proposed as part of a dwelling group shall be identical in terms of siding and roof materials, roof pitch, roof eaves and color to any other residential structure on the same lot.

F.

Amateur radio antennas and antenna structures constructed by or for FCC licensed amateur radio operators that, when fully extended, exceed 40 feet in height or 24 inches in diameter or width or have an antenna boom exceeding 20 feet in length are subject to administrative site development.

(Ord. 55-64 § 6.2, 1964; Ord. 55.129-74 § 2, 1974; Ord. 55.245-82 § 3, 1982; Ord. 55.252-83 § 4, 1983; Ord. 55.264-85 § 2, 1985; Ord. 55.265-86 § 2, 1986; amended during 1990 republication; Ord. 376-91 § 2 (Exh. A (part)), 1992; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 764-11 § 2, 2011; Ord. 796-14 § 2, 2014)

A.

Walls, fences and hedges located in any residential district shall be subject to the following height, location and design restrictions.

1.

In the required rear and interior side yards the maximum height shall be six feet as measured above the surface of the ground, except that an additional one and one-half foot of lattice may be added above a sixfoot high fence.

2.

Height Exception. Fences a maximum of eight feet in height may be allowed in the required rear yard or interior side yards when the yard abuts a flood control channel, railroad, park, licensed residential care or health facility, school, child care center, commercial use, industrial use or major arterials, including Alvarado-Niles Road, Dyer Street, Decoto Road, Whipple Road, Union City Boulevard, Mission Boulevard, Alvarado Boulevard and Lowry Road. Soundwalls are exempted from height restrictions when they are part of a site development review approval of a subdivision. The owner of the lot on which an eight foot fence is constructed in accordance with this subsection shall reduce the fence height to six feet within 30 calendar days of the removal, relocation, or the termination of operations of the adjacent facility or use. When an

eight foot fence adjoins a fence of a lower height at any point other than at the intersection of two or more lot lines, the eight foot fence shall be designed to step or slope down to the height of the adjoining fence. 3.

When located in the front yard, the maximum height shall be three feet above the surface of the ground. 4.

On corner and reverse corner lots, the maximum height shall be three feet in the exterior side yard, except that fences meeting the other requirements listed in Section 18.32.040(A) may be permitted when located 10 feet from the side street lot line and at least 35 feet from the front lot line, but not closer to the front lot line than the front face of the structure.

5.

On lots developed with multifamily residential uses, fences a maximum of eight feet in height may be permitted to enclose interior private open space areas at the end units of building clusters. Interior private open space areas are those areas which are located between a building unit and a garage or other structure.

6.

Fences shall be wood, masonry, or earth materials. Metal, plastic, or other similar materials shall not be used except as posts or other support elements.

B.

Retaining Walls. Retaining walls located in any residential district, except for those located in the hillside combining district, shall be subject to the following restrictions.

1.

A retaining wall which is not part of a building shall not exceed three feet in height.

Fencing on top of a retaining wall is permitted when the total height of both the wall and fence do not exceed the applicable maximum height requirement in Section 18.32.040(A).

3.

The sides of exposed exterior retaining walls shall be architecturally treated.

4.

Exceptions. Exceptions may be granted by the director where the director finds that no practical alternative

exists, the purpose of the regulation will not be compromised, and no detrimental impact will result. (Ord. 55-64 § 6.3, 1964; Ord. 55.111-73 § 3, 1973; Ord. 55.124-74 § 2, 1974; Ord. 55.262-85 § 2, 1985; Ord. 55.322-91, Exh. A, 1991; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

Decks no more than 12 inches above the average level of the adjoining ground shall meet the setback and size requirements for accessory structures as provided in Section 18.32.020.

B.

Decks over 12 inches high but less than 30 inches in height are subject to the following conditions: 1.

Provide a minimum setback of at least 10 feet from any side or rear lot line.

2.

Conform to the required front setback as established by the zoning district in which they are located. C.

Attached decks and balconies over 30 inches in height shall be subject to administrative site development review approval in accordance with Chapter 18.72, and are subject to the following conditions:

Conform to the required front setback for the main structure as established by the zoning district in which they are located.

2.

Provide a minimum setback of at least 15 feet from any side or rear lot line.

3.

Where the end section of the deck or balcony directly overlooks an adjoining side yard, a solid end wall or obscure screen may be required.

(Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022) A.

The minimum site area shall be as prescribed in the following table:

B.

No residential use shall be established or hereafter maintained on a lot recorded after the effective date of the ordinance codified in this chapter which is of less area than prescribed hereinafter for such use in the zoning district wherein it is to be located.

C.

In any residential district on a lot of record on the effective date of the ordinance codified in this chapter a dwelling unit may be established on a lot not less than 3,750 square feet provided that all other requirements of the ordinance codified in this chapter are met. Lots created under Chapter 18.31 may be developed in accordance with the requirements of said chapter if less than 3,750 square feet. D.

No existing residential building shall be converted so as to conflict with, or further conflict with, the lot area per dwelling unit requirements of the district in which such dwelling is located.

E.

Any lot intended for semidetached single-family dwellings, as defined, shall not be less than 3,000 square feet in area in RS and RM districts.

(Ord. 55-64 § 6.4, 1964; Ord. 55.183-77 § 2, 1977; Ord. 55.210-79 § 2, 1979; Ord. 55.239-81 § 3, 1981; Ord. 55.274-86 § 3, 1986; Ord. 55.275-86 § 2, 1986; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 416-93 § 2, 1993; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

A.

In the single-family residential districts including the R, RS, RS(s) and 511 districts, no more than one principal dwelling unit and one accessory dwelling unit shall be located on each site unless otherwise permitted under Chapter 18.31, 18.32, or state law. B.

In RM districts, the minimum site area per dwelling unit shall be as prescribed in the following table; provided, that if after dividing the area of the site by the area required for each dwelling unit, a remainder of 90% of the area required for an additional dwelling unit is obtained, one additional unit may be located on the site.

(Ord. 55-64 § 6.5, 1964; Ord. 55.239-81 § 3, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 67006 § 3, 2006; Ord. 796-14 § 2, 2014; Ord. 815-16 § 4, 2016; Ord. 836-16 § 4, 2016; Ord. 837-17 § 4, 2017; Ord. 900-22 § 4, 2022; Ord. 2025-002, 3/25/2025)

With the exception of the RS 4500 district, which shall have a depth of not less than 90 feet, each site shall have a depth of not less than 100 feet and shall have a width of not less than is described in the following table:

(Ord. 55.210-79 § 2, 1979; Ord. 55.239-81 § 3, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006)

The maximum site area covered by all structures located on the site shall be as prescribed in the following table:

(Ord. 55-64 § 6.7, 1964; Ord. 55.210-79 § 2, 1979; Ord. 55.239-81 § 3, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 917-23, 9/26/2023)

A.

In the RS districts the minimum front yard shall be 20 feet.

1.

Except that in the RS 10000 and RS 8000 districts the minimum front yard shall be 25 feet. B.

In the RM districts, the minimum front yard shall be 10 feet.

(Ord. 55-64 § 6.8, 1964; Ord. 55.210-79 § 2, 1979; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 67006 § 3, 2006; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023) A.

Residential Uses. The minimum side yard for residential uses shall be 10% of the width of the site; provided, that a side yard of not more than 10 feet shall be required and a side yard of not less than five feet shall be permitted subject to the following exceptions:

1.

An interior side yard providing access to a dwelling or dwelling units shall not be less than 12 feet wide, with the exception of access to accessory dwelling units in R and RS Districts, where the minimum side yard standards are permitted. Where the side yard provides access to off-street automobile parking, it shall be not less than 12 feet and shall be paved to a 10-foot width. A street side yard of a corner lot providing access to a dwelling or dwelling units shall be regulated by the street side yard setbacks for the district.

2.

In RM Districts, where a side lot line of a site adjoins an RS District and private rear yard spaces of individual units are proposed to be located along the side lot line, a side yard setback of not less than 20 feet shall be required.

3.

In the RS Districts, with the exception of the RS 4500 District where 10 feet is permissible, on the street side of a corner lot, the side yard shall be 15 feet. In the RM Districts, the street side shall be 10 feet. 4.

In the RS 4500 District:

a.

Side yards may be eliminated on one side (zero side yard); provided, that the side wall contains no windows or other openings. An interior side yard must be maintained on at least one side of dwellings on adjoining lots where side yards are aggregated on a single side. Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to another one-story structure on an adjacent lot, the

minimum separation between structures shall be 10 feet. In no case shall a dwelling be located closer than 10 feet to the nonzero lot line side lot line.

b.

Where dwellings are placed on the zero lot line and where a one-story structure is adjacent to a two-story structure on an adjoining lot or when a two-story structure is adjacent to another two-story structure on an adjacent lot, the minimum separation between structures shall be 15 feet. Second-story additions to existing single-family dwellings placed on the zero lot line are exempt from the increased side yard building separation provision stated above, but a minimum side yard of 10 feet must be maintained on one side. B.

Nonresidential Uses. The minimum side yard for a nonresidential use and its accessory structures shall be 10% of the width of the site; provided, that a side yard of not more than 20 feet shall be required and a side yard of not less than 10 feet shall be permitted, subject to the following exceptions:

1.

In the RS Districts, on the street side of a corner lot, the side yard shall be not less than 20 feet. 2.

In the RM Districts, on the street side of a corner lot, the side lot shall be not less than 15% of the width of the site; provided, that a side yard of not more than 20 feet shall be required and a side yard of not less than 15 feet shall be permitted.

3.

One foot shall be added at ground level to each interior side yard for each two feet of height by which the structure exceeds 12 feet.

(Ord. 55-64 § 6.9, 1964; Ord. 55.154-76 § 2, 1976; Ord. 55.210-79 § 2, 1979; Ord. 55.229-81 § 4, 1981; Ord. 55.239-81 § 3, 1981; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 67006 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 802-14 § 4, 2014; Ord. 849-18 § 4, 2018; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

In all RS Districts excepting the RS 4500 District, the minimum rear yard shall be 20 feet; however, the minimum rear yard may be reduced to 15 feet if remaining rear or side yard area has a square footage area of 20% or more of the total lot area and a dimension of not less than 15 feet.

B.

In the RS 4500 District, the minimum rear yard shall be 15 feet; however, the minimum rear yard may be reduced to 10 feet if remaining rear or side yard area has a square footage area of 15% or more of the total lot area and a dimension of not less than 10 feet.

C.

In the RM Districts, the minimum rear yard shall be 15 feet.

D.

In the RM Districts where multiple units are proposed on a site, the rear yard shall be deemed to be the yard area at the opposite end of the site from the frontage.

E.

For through lots, the minimum rear yard shall be 20 feet in RS Districts and 15 feet in RM Districts. (Ord. 55-64 § 6.10, 1964; Ord. 55.154-76 § 2, 1976; Ord. 55.180-77 § 2, 1977; Ord. 55.210-79 § 2, 1979; Ord. 55.229-81 § 5, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 71208 § 2, 2008; Ord. 917-23, 9/26/2023)

No building shall be erected, built, constructed or moved within the special building lines set forth. Any existing buildings within said building setback lines shall be considered a nonconforming use. It is intended that the area reserved by these special building lines shall be maintained as landscaped areas. A.

Mission Boulevard: Along the westerly side of Mission Boulevard from the southeasterly City boundary to Decoto Road, 45 feet from the face of curb to the house per the DIPSA (Decoto Industrial Park Study Area) Specific Plan.

B.

Union City Boulevard: Along the westerly side of Union City Boulevard where the street is adjacent to the 511 district, 40 feet from the right-of-way to the house or 54 feet from the face of curb to the house per the 511 Area Specific Plan.

(Ord. 55-64 § 12.0, 1964; Ord. 55.3-65 § 2, 1965; Ord. 55.21-66 § 2, 1966; Ord. 670-06 § 3, 2006) A.

In all districts, the required front yard shall be landscaped and permanently maintained not including approved driveways and pedestrian pathways. Not less than five feet of the required side yard on the street side of a corner lot, and not less than 10 feet of the required rear yard adjoining the rear property line of a double frontage lot shall be landscaped and permanently maintained. Non-living landscaping shall not exceed 25% of any required landscaped area unless approval from the City Arborist or City Landscape Architect is obtained.

B.

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

C.

Replacement of dead, dying or deficient landscaping shall be required for establishment of new nonresidential uses or modification of existing uses.

(Ord. 55.239-81 § 3, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 76812 § 2, 2012; Ord. 917-23, 9/26/2023)

In the RS District, no principal structure shall exceed 30 feet in height. Spires, cupolas, chimneys, elevator penthouses, flagpoles and necessary mechanical appurtenances may be allowed to a maximum height limit of 40 feet. Amateur radio antennas and antenna structures may be allowed to exceed the basic height limitation, subject to required approvals, in accordance with Section 18.32.190.

In the RM 2500 and RM 3500 Districts, no structure shall exceed 45 feet in height.

In the RM 1500 District, no structure shall exceed 75 feet in height.

(Ord. 55-64 § 6.11, 1964; Ord. 55.239-81 § 3, 1981; Ord. 55.245-82 § 2, 1982; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 764-11 § 2, 2011; Ord. 917-23, 9/26/2023)

The following design criteria shall be used to evaluate new construction and additions or modifications to existing structures within residential districts:

A.

Single-family manufactured homes placed as a sole principal residence on a single-family lot and constructed after June 15, 1976, are subject to the following design criteria:

1.

The manufactured home width shall not be less than 20 feet and may be a double-wide, multi-sectional unit.

2.

The exterior siding material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is to be used, the exterior covering material need not extend below the top of the foundation.

The roof of the manufactured home shall have a pitch of not less than two and one-half (2.5) inches of vertical rise for each 12 inches of horizontal run.

4.

The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the manufactured home, or what is customarily found on existing residential structures in the vicinity. The overhang shall have the same slope and be covered with the same roofing material as the roof itself.

5.

The exterior siding material and roof of the enclosed garage shall be the same as that of the manufactured home.

6.

The finished floor of the manufactured home shall not exceed 30 inches above the exterior finish grade of the lot.

7.

The façade of the manufactured home shall be designed with sufficient detail to make it visually compatible with the existing residential structures in the vicinity. Such detail shall include door and window trim, window type and any special architectural features uniformly present on surrounding residences.

B.

Single-family dwellings, including site-built, modular homes, and additions and modifications to existing structures, shall be compatible with the scale, bulk, style, and character of dwellings in the vicinity, and shall incorporate the following design criteria:

1.

The Director or appropriate decision-body may grant exceptions to the following design standards to accommodate a complete architectural design, to ensure neighborhood compatibility, or where they find that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.

2.

Building Façades and Materials:

a.

No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet and no façade facing an interior lot line shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:

i.

A vertical wall shift at least one foot in depth;

ii.

A change in material type;

iii.

Windows or building entrances;

iv.

A projection such as a stoop, bay window, or overhang.

b.

A minimum of three exterior colors or a combination of materials and colors shall be used on the building façade.

i.

Stucco must be used in combination with a secondary material.

c.

Transitions for both materials and colors shall be located at internal corners.

i.

Wainscoting shall wrap onto the side elevations and shall continue until the fence line or till no longer visible from the right-of-way. This distance shall not be less than five feet.

d.

Second-story façades shall incorporate the following:

i.

A minimum of a six foot inset from the front wall plane.

ii.

A minimum of an 18 inch inset from the side and rear wall plane.

e.

Where chimney extensions are involved, the extension shall conform in design and materials with the existing chimney.

3.

Windows and Glazing.

a.

All windows shall incorporate the following:

i.

Trim at least three inches in width must be provided around all windows, or

ii.

Windows must be recessed at least two inches from the plane of the surrounding exterior wall.

b.

Upper story windows located less than 10 feet from and facing rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

i.

The sill height located a minimum of 60 inches above the finished floor.

ii.

The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

iii.

Any window located partially or entirely below 60 inches from the finished floor consists of frosted or obscured glazing.

iv.

As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.

4.

Roof Form and Detailing.

a.

New structures shall provide a roof pitch no less than two and one-half (2.5) inches of vertical rise for each 12 inches of horizontal run.

i.

Mansard roofs shall be prohibited.

b.

Alterations or additions to an existing structure shall provide the same roof form, material and color as the existing structure.

c.

Roof material and color shall be the same throughout the entirety of the roof.

d.

Overhanging eaves shall extend a minimum of 12 inches beyond the supporting wall.

Principal Entrance.

a.

The principal entrance shall face the street frontage.

b.

The principal entrance shall be emphasized by utilizing at least one of the following methods: i.

A projection (e.g., overhang) with a minimum depth of three feet and a minimum horizontal area of 30 square feet.

ii.

A recess with a minimum depth of three feet and a minimum horizontal area of 30 square feet.

iii.

A landing, deck, porch, or stoop with a minimum six foot by six foot area.

c.

The principal entrance shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of three feet.

C.

Relocated single-family dwellings and their accessory structures shall meet the above-noted design criteria and be subject to the requirements set forth in the ordinance pertaining to house moving permits.

D.

Semidetached Single-Family Dwellings and Multifamily Dwellings. All semi-detached single-family dwellings and multifamily dwelling development shall comply with Section 18.24.050.

E.

Accessory structures over 120 square feet in area shall have an exterior appearance and character that reflects the existing primary residence in terms of materials and design. The color scheme shall match or be complementary to the existing residence. The structure shall be located and designed so as to not disrupt the privacy of, or create noise impacts on adjacent residents and yards.

F.

All wood burning appliances installed in new residential units or wood burning appliances being added to or replacing wood burning appliances in existing residential units shall comply with the following regulations. Gas fireplaces shall be exempt from these regulations; however, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the following regulations. A wood burning appliance shall comply with these regulations if: (1) it is reconstructed; (2) additions, alterations or repairs are made to the appliance that requires opening up immediately adjacent walls; or (3) the residential units in which the appliance is located are renovated, and the renovation includes opening up walls immediately adjacent to the appliance. It shall be unlawful to: 1.

Use any wood burning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and when an alternate approved heat source is available;

Install a wood burning appliance that is not one of the following: (a) a pellet-fueled wood heater; (b) an EPA certified wood heater; or (c) a fireplace certified by EPA should EPA develop a fireplace certification program;

3.

Use any of the following prohibited fuels in a wood burning appliance: (a) garbage; (b) treated wood; (c) plastic products; (d) rubber products; (e) waste petroleum products; (f) paints; (g) paint solvents; (h) coal; (i) glossy or colored papers; (j) particle board; (k) saltwater driftwood.

Any person who plans to install a wood burning appliance must submit documentation to the Building Division of the City demonstrating that the appliance is in compliance with subsection (F)(2) of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law

G.

All multifamily developments shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

(Ord. 342-90 § 2, 1990; Ord. 55.315-90 § 2, 1990; Ord. 366-91 § 2 (Exh. C), 1991; Ord. 55.322-91 Exh. C, 1991; Ord. 457-95 § 2, 1995; Ord. 533-99 § 1, 1999; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 771-12 § 6, 2012; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023

In the RM districts, the minimum distance between main structures on the same lot shall be 10 feet, subject to the exception that the distance between main structures shall be increased one foot at ground level for each two feet of the sum of which both structures exceed 12 feet in height.

(Ord. 55-65 § 6.12, 1965; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006) Loading berths shall be provided and designed in compliance with the requirements of Section 18.36.140.

(Ord. 55-64 § 6.14, 1964; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 91723, 9/26/2023)

Off-street parking spaces and bicycle parking facilities that are accessory to uses allowed in residential districts shall be provided in accordance with the regulations set forth hereinafter as well as those in general provisions in Chapter 18.04.

A.

Required accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses, provided that in the RM Districts, not more than 25% of the accessory parking spaces required for a dwelling, lodging, house, motel or hotel may be rented out on a monthly basis to occupants of other dwellings, lodging rooming houses, motel or hotels.

B.

Off-street parking facilities are to be provided in the following ratio:

1.

In the RS District, a minimum of two covered and enclosed parking spaces per unit.

a.

A third covered and enclosed parking space shall be provided either when the habitable areas of the primary residence (excluding accessory dwelling units) exceeds 3,000 square feet, or when there are five or more rooms that can be used for sleeping purposes. In neighborhoods where two car garages are

predominant, the additional parking space shall be provided as a tandem space to ensure neighborhood consistency.

2.

In the RM District, parking shall be provided as follows:

a.

One space per one bedroom or studio unit, which must be covered, plus one-quarter space per unit for guest parking;

b.

Two spaces per unit with two or more bedrooms, one of which must be covered, plus one-quarter space per unit for guest parking.

3.

Senior Housing. One-half of a covered parking space shall be provided for each bedroom, and one-quarter of a parking space shall be provided for each unit for guest parking. The number of parking spaces required for senior housing may be decreased by the decision maker if it is found that a specific use will not create as great a need for off-street parking.

4.

Affordable Housing. For housing developments with 100% of the units affordable to lower-income

households (except for one manager's unit), parking shall be provided at a ratio of one parking space per studio or one-bedroom unit, one and one-half parking spaces per two-bedroom unit, and two parking spaces per three- or four-bedroom unit.

C.

Size.

1.

Uncovered off-street parking spaces shall be at least nine feet in width by 18 feet in length, exclusive of access drives, aisles, ramps, or columns. Such space shall have a vertical clearance of at least seven feet.

2.

Enclosed two-car garages shall have a minimum unobstructed interior dimension of 20 feet in width by 20 feet in length.

3.

When permitted enclosed tandem garages shall have a minimum unobstructed interior dimension of 10 feet in width by 40 feet in length.

4.

Enclosed one-car garages shall have a minimum unobstructed interior dimension of 10 feet in width by 20 feet in length.

5.

Covered off-street parking spaces shall be at least 10 feet in width by 20 feet in length.

D.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and sufficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to the street or alley in a manner which will least interfere with traffic movements. Driveways across public property shall be approved by the Director of Public Works.

E.

Screening and Landscaping. All open automobile parking areas shall be effectively screened on each side adjoining or fronting on any premises by a wall, fence or densely planted compact hedge not less than five

feet nor more than six feet in height. Such required screening shall conform to the front and side yard setback requirements of the district in which the parking is located. F.

All parking spaces required for dwelling units shall be located on the same zoning lot as the dwelling served. Parking spaces for all other uses shall be located on the same zoning lot as the use served except as otherwise provided in Chapter 18.04. Off-street parking shall be provided according to the following ratios:

1.

Church, School, College, and Other Institutional Auditoriums. One parking space shall be provided for each five seats based upon maximum seating capacity.

2.

Hospitals. One parking space shall be provided for each three hospital beds, plus one parking space for each two employees, plus one parking space for each doctor assigned to the staff.

3.

Libraries, Art Galleries and Museums—Public. One parking space shall be provided for each 1,000 square feet of gross floor area.

4.

Recreation Buildings or Community Centers. One parking space shall be provided for each two employees, plus spaces adequate in number to serve the visiting public and as determined by the City Planning Commission.

5.

Public Utility and Public Service Uses. One parking space shall be provided for each two employees on maximum shift, plus spaces adequate in number to serve the public as determined by the City Planning Commission. Where such uses are unmanned, no spaces need be provided.

6.

Sanitariums, Convalescent Homes and Nursing Homes. One parking space for each six beds, plus one parking space for each two employees, plus one parking space for each doctor assigned to the staff.

7.

Schools—Nursery, Elementary, Junior and Senior High. One parking space for each two employees, plus one parking space for each 10 students in the senior high school.

G.

No commercial vehicle in excess of three tons gross unladen vehicle weight (except pickup trucks) shall be parked or stored on any lot in a residential district where in residential use; provided, however, that this section shall not prohibit temporary parking of any such vehicle while making pickups, deliveries or providing services for the residents on the lot on which the vehicle is parked.

H.

Mobilehome/Recreational Vehicle Parking. Mobilehomes, recreational vehicles, trailers or boats which are on trailers may be parked in rear yards, or within driveways, on concrete aprons adjacent to driveways, or on other compact material for vehicle parking adjacent to driveways constructed pursuant to approval by the Economic and Community Development Department. Parking aprons shall comply with subsection I of this section. All such vehicles must be fully contained on private property, and shall not overhang into any portion of the public right-of-way, including the sidewalk. In addition, such vehicles may be parked within side yards which provide access to off-street parking, and are a minimum of 12 feet wide with at least 10 feet of paved width. A minimum three foot setback shall be retained along the interior side yard lot line from all vehicles.

I.

In compliance with Chapter 10.36, Stopping, Standing and Parking, it is unlawful for any person, firm or group to park any vehicle, trailer, boat trailer or boat, or parts thereof within the side yard, front yard or corner vision triangle, as established by this title. This section does not apply to driveways or concrete parking aprons constructed pursuant to approval by the Economic and Community Development Department, or to driveways or concrete (or other appropriate material) parking aprons constructed prior to the adoption of the ordinance codified herein; provided, however, that such parking shall be limited to currently registered operable vehicles and shall be located on a stabilized permanent surface installed in accordance with this section.

Except for cul-de-sac or fan-shaped lots with reduced front yards, such vehicle parking areas shall not cover more than 60% of any required front yard or an area greater than 600 square feet, whichever is less. Parking on permeable surfaces in any instance shall not be allowed. Parking pads independent of the driveway or driveway apron shall not be allowed in the front or street side yards.

J.

In the RM 1500 and RM 2500 Zoning Districts, a minimum of one bicycle parking facility shall be provided for every three units. Bicycle parking facilities shall be designed and installed in conformance with the criteria outlined in Section 18.28.080. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision maker.

(Ord. 55-64 § 6.15, 1964; Ord. 55.4-65 §§ 3–5, 1965; Ord. 55.241-82 § 2, 1982; Ord. 55.251-83 § 2, 1983; Ord. 55.252-83 § 3, 1983; Ord. 55.265-86 § 2, 1986; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 457-95 § 2, 1995; Ord. 477-96 § 2, 1996; Ord. 533-99 § 1 (3), 1999; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 683-07 § 7, 2007; Ord. 757-11 § 1, 2011; Ord. 796-14 § 2, 2014; Ord. 836-16 § 4, 2016; Ord. 849-18 § 4, 2018; Ord. 875-20 § 4, 2020; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Mailboxes or any box for the delivery of mail are not permitted within a required front or side yard in any residential district, except as follows:

A.

Mailboxes may project a reasonable distance into any front or side yard if it is an integral part of or attached directly to a permitted building.

B.

Mailboxes may be adjacent to the sidewalk when the mailboxes are installed as part of an approved project and approved by the U.S. Postal Service and the City with encroachment permits from the Public Works

Department. Mailboxes replaced within these projects must be consistent in size, design and appearance with the original approval.

(Ord. 55-64 § 6.16, 1964; Ord. 55.19-66 § 2, 1966; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 67006 § 3, 2006)

Any existing legally constructed single-family dwelling located in any RM (multifamily) district which is partially or fully destroyed or damaged by fire or other casualty or act of God may be restored to its condition immediately preceding the fire or other casualty or act of God.

(Ord. 409-93 § 2, 1993; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 3, 2006) A.

In addition to the general requirements of this chapter, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator's communication needs, in accordance with FCC regulations as set forth in FCC Order "PRB-1." Retractable antenna structures may be required for antenna structures over 40 feet in height. At times when not in operation, the

antenna structure may be required to be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements.

B.

The decision maker may grant an exception to any requirement of this chapter as it applies to amateur radio antennas and antenna structures upon finding that: (1) strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in Federal and/or State rules and regulations; and (2) there are no other feasible alternatives. C.

The Director is authorized at his or her reasonable discretion to employ on behalf of the City an

independent technical expert to review any technical materials submitted. Upon request, the applicant shall provide a deposit for a third-party peer review in an amount sufficient to cover the reasonable actual cost and the reasonable administrative fee for hiring an approved technical expert to perform the work. (Ord. 764-11 § 2, 2011)

Chapter 18.33 AFFORDABLE HOUSING (§ 18.33.010 – § 18.33.110)

The purpose of this chapter is to:

A.

Enhance the public welfare by ensuring that future residential developments contribute to the attainment of the affordable housing goals set forth in the Housing Element of the General Plan of the City of Union City.

B.

Increase the production of residential units in Union City that are affordable to households of very low, low, and moderate income.

C.

Facilitate a cooperative effort between the City of Union City and the housing development community for the provision of affordable housing to all economic segments of the community.

D.

Ensure that units affordable to households of very low, low and moderate income are distributed throughout the City's various neighborhoods.

E.

Comply with the requirements of Health and Safety Code Section 33341.3(b) within the redevelopment project area and elsewhere in the community as applicable.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018)

For purposes of this chapter, each of the following terms is defined as follows:

"Additions"

are increases in habitable space to an existing building or structure.

"Afordable housing program"

means a method for providing the affordable housing units in the proposed project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 18.33.060(H). "Afordable unit"

means an ownership or rental housing unit, including senior housing, affordable by households with very low, low or moderate incomes as defined in this chapter. The unit shall be deemed affordable if it meets the requirements of Health and Safety Code Section 50052.5(b) for owner occupied housing and Section 50053(b) for rental housing.

"Developer"

means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City.

"Habitable space"

means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.

"Housing costs"

means the monthly mortgage principal and interest, property taxes, homeowners' insurance, utility allowance and condominium fees, where applicable, for ownership units; and the monthly rent and utility allowance for rental units.

"HUD"

means the United States Department of Housing and Urban Development or its successor.

"Large project"

means a residential development with seven units or more.

"Resale controls and/or rent restrictions"

means legal restrictions, as set forth by the City of Union City, State and Federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code Section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property.

"Residential development"

includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.

"Residential project"

includes contiguous or non-contiguous parcels that have one or more applications filed within a 24 month period and which are under the same ownership.

"Small project"

means a residential development with six units or less.

"Very low, low and moderate income levels"

means those income and eligibility levels determined periodically by the United States Department of Housing and Urban Development based on the Oakland Standard Metropolitan Statistical Area (SMSA) median income levels by family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income and will be recertified as set forth by local standards, State and Federal housing law.

"Very low income"

means 50% or under of the SMSA median, adjusted for actual household size.

"Low income"

means 51% to 80% of the SMSA median, adjusted for actual household size. 3.

"Moderate income"

means 81% to 120% of the SMSA median, adjusted for actual household size. (Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018; Ord. 883-21 § 4, 2021; Ord. 2025-002, 3/25/2025)

A.

Fifteen percent Requirement. All residential development projects designed and intended for permanent occupancy located in any zoning district, for which an application for any use permit, site development permit or subdivision map is filed after the effective date of the ordinance codified in this chapter, shall maintain 15% of the total number of dwelling units within the development as affordable units, according to the terms of this chapter. The foregoing requirement shall be applied no more than once to an approved development, regardless of changes in the character or ownership of the development, provided the total number of units does not change. Projects where the calculation of the inclusionary requirement results in a fraction of a unit, such a fraction shall be paid in the form of an in-lieu fee, as set forth in Section 18.33.060(I) (Fractional units), or the developer may elect to build an additional affordable unit. The City reserves the right, solely at the City's discretion, to negotiate with the developer to adjust the required affordability levels of a particular project on a case-by-case basis if it is deemed necessary and appropriate by the City to maximize the best suited development for a site.

B.

Affordability Levels. Affordable units provided pursuant to the 15% requirement of subsection A of this section shall be made affordable to households with very low, low and moderate income pursuant to the minimum distributions included in the following table:

For projects with seven or more rental units, the application of the minimum distributions will be as set forth in the following table:

Low Income Units 1 1 2 3 3 4 4 5 6 7 7 8 9 9 10

For projects with seven or more owner units, the application of the minimum distributions will be as set forth in the following table:

For larger projects that exceed 15 required units to be built, the columns can be added to equal the total number, and the corresponding required units shall be built.

C.

Conditions of Approval. Any tentative map, use permit or site development permit approving residential construction projects meeting the foregoing criteria shall contain conditions sufficient to ensure compliance with the provisions of this chapter. Such conditions shall specify the schedule of construction of affordable units, the number of affordable units, and appropriate resale controls and rental restrictions.

D.

Concurrent Construction. All affordable units in a project or phase of a project shall be constructed concurrently with market rate units.

E.

Design and Distribution of Affordable Units. Unless the City, at its sole discretion, and in cooperation with the developer, approves an alternate development plan for the affordable units is developed, all affordable units shall reflect the range of numbers of bedrooms provided in the project as a whole, and shall not be distinguished by exterior design, construction, or materials, and shall be reasonably dispersed throughout the project as determined by the Economic and Community Development Director.

F.

Single-Family Housing Projects with Corner Lot Duplexes. When affordable housing units are required in single-family developments, the requirements of this chapter can be satisfied with the construction of duplex units located on corner lots. Duplexes shall meet the setback standards of the zoning district in which they are located. Exceptions to the setback standards may be granted by approval of a use permit. The City may also consider other alternative affordable options, as set forth in Section 18.33.060(E). (Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018)

A.

Agreements. Prior to the issuance of a certificate of occupancy, resale restrictions and/or rental controls, as applicable, all of which must be acceptable to the Economic and Community Development Director and be consistent with the requirements of this chapter, shall be recorded against parcels having affordable units. For ownership projects, the resale restrictions shall be effective for 45 years, and the 45 year period shall restart with each resale of the affordable unit. For rental projects the rental controls shall be effective for 55 years.

B.

Right of First Refusal. The resale restrictions shall provide that in the event of the sale of an affordable unit, the City shall have the right to purchase any affordable owner-occupancy unit at the maximum prices which could be charged to an eligible household.

C.

Selection Criteria. No household shall be permitted to occupy a unit which is required to be affordable under this chapter unless the City or its designee has approved the household's eligibility. For ownership units, eligibility shall be determined prior to initial occupancy of the unit. For rental units, eligibility shall be determined prior to initial occupancy of the unit, and on an annual basis thereafter. Eligible potential occupants of affordable units will be qualified on the basis of household income, the median combined

household income statistics published periodically by HUD, all sources of household income and assets, a relationship between household size and the size of available units, and any further criteria required by law. The developer shall use an equitable selection method established in conformance with the terms of this chapter. No distinction will be made between adults and children. All persons in each of the following categories of otherwise qualified persons shall be selected before persons from the next succeeding category are selected:

1.

First priority: persons who have been displaced by the proposed project;

2.

Second priority: persons who live or work within the City of Union City; 3.

Third priority: all other eligible persons.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18

§ 4, 2018)

It is the intent of this chapter that its requirements of construction and maintenance of affordable units shall not depend upon the availability of any government subsidies. This is not to preclude the use of such programs or subsidies where available, however, and it is anticipated that subsidies of rental units may be available from HUD or State sources on an ongoing basis.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18

§ 4, 2018)

This chapter is not intended to place any unreasonable burden upon developers of residential projects, and for that reason confers significant economic and land use benefits thereon, as set forth below:

A.

Density Bonus. The limitations upon residential density contained in Title 18 shall be deemed modified to the extent required by the terms of this chapter. The city, upon request, may approve an increase in the number of units permitted in a proposed residential development governed by this chapter, when such an increase in density is consistent with State density bonus law per Section 65915 of the State Government Code. The dwelling units or parcels designated to meet the City's mandatory inclusionary housing requirement shall count toward qualifying the proposed development for a density bonus. B.

Small Project In-Lieu Fees. The developer may satisfy the requirements to provide affordable units pursuant to Section 18.33.030 (General requirements) through the payment of the small project in-lieu fee; provided, that the proposed development is six units or less. The small project in-lieu fees shall be paid prior to the issuance of a building permit for each dwelling unit in the project. The small project in-lieu fee shall be set forth in the City's Master Fee Schedule or by other action of the City Council. The small project in-lieu fee

amount may be amended from time to time by the City Council by resolution, to meet inflationary increases, and the amount shall be set forth in the City's Master Fee Schedule. Any small project in-lieu fees collected from any project will be committed to an affordable housing project pursuant to Section 18.33.100.

C.

Large Project Optional In-Lieu Fee. The developer may satisfy the requirements to provide affordable units pursuant to Section 18.33.030 (General requirements) through payment of the large project optional in-lieu fee for any or all required affordable units, provided that the proposed development is seven units or more. The large project optional in-lieu fee shall be paid prior to the issuance of a building permit for each dwelling unit in the project. The large project optional in-lieu fee shall be set forth in the City's Master Fee Schedule or by other action of the City Council. The large project optional in-lieu fee amount may be amended from time to time by the City Council by resolution, to meet inflationary increases, and the amount shall be set forth in the City's Master Fee Schedule. Any large project optional in-lieu fees collected from any project will be committed to an affordable housing project pursuant to Section 18.33.100. D.

Waiver of Requirements. The City Council, at its discretion, may waive the requirements of this chapter if there are unusual development costs associated with the property that would otherwise prevent the project from proceeding. Typically, such a condition would involve excessive costs inherent on the property, such as environmental contamination.

E.

Off-Site and Alternative Construction Options. Where affordable units are required by Section 18.33.030, the City may instead, at its sole discretion, consider the construction of units not physically contiguous to the development (off-site) or alternative on-site affordable housing development options, set forth in a binding agreement as set forth in subsection H, if the City Council determines that:

1.

A schedule for completion of the off-site units concurrently with completion of the related market-rate units is provided and agreed upon as a condition of approval for the project;

The off-site or alternative units are at least equal in basic amenities to other units in the project, with extra consideration given for the creation of additional affordable units, larger units or affordability to households with lower incomes;

3.

Off-site or alternative construction options will further affordable housing opportunities in the City to a greater extent than construction of the normally required units as part of the residential project in question; 4.

Working with a non-profit to develop higher density, rental units on- or off-site may be a more efficient way to meet affordable needs at that point in time. In all cases, the affordable units must be built prior to or concurrently with the market rate development, unless a development agreement with a non-profit has been approved. The utilization of off-site and alternative housing will be considered relative to the inventory of available sites at that time.

F.

Technical and Financial Assistance. Upon request, the City or its designee shall provide assistance to developers concerning information regarding financial subsidy programs and economic analysis designed to indicate the most suitable methods by which the terms of this chapter may be implemented. To the extent that funds may be available and consistent with applicable Federal and State regulations and

policies, affordable housing developers may apply to receive Federal Community Development Block Grant funds for purposes of defraying certain off-site improvement costs and other expenses. Such determination of eligibility shall be made by the Economic and Community Development Director. The City shall establish application and administration procedures and criteria by which eligible expenditures of such funds and their amounts shall be determined.

G.

Priority Processing. All residential developments providing affordable units pursuant to the requirements of this chapter shall receive "priority processing" by which housing developments shall be reviewed and checked for all required City permit and other approvals in advance of other pending developments. H.

Contractually Binding Alternative Means of Compliance. The City Council, in its discretion, may permit a developer to comply with the purpose of this chapter for a particular residential development project through implementation of an alternative affordable housing program instead of by compliance with the provisions of this chapter if:

1.

Such alternative affordable housing program is set forth in a binding agreement, including, but not limited to, a government code development agreement, disposition and development agreement, disposition and development loan agreement, owner participation agreement, or affordable housing agreement with the City of Union City;

2.

The City Council finds that such alternative affordable housing program will provide an equal to or greater than level of affordable housing to the community as would be provided through adherence to the requirements of this chapter.

I.

Fractional Units. In large projects where the calculation of the inclusionary requirement results in a fraction of a unit, such a fraction shall be paid in the form of an in-lieu fee, or the developer may elect to build an additional affordable unit. The fractional in-lieu fee payment shall be calculated as follows: Fractional unit divided by the total affordable units required, multiplied by the per square foot large project optional in-lieu fee rate, multiplied by the total habitable space in the residential development.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 712-08 § 2, 2008; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018)

The construction of an accessory dwelling unit (or a junior accessory dwelling unit) shall not be subject to the requirements of Section 18.33.030.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018; Ord. 883-21 § 4, 2021)

A.

The provisions of this chapter shall apply to all agents, successors and assignees of a developer proposing a residential development governed by this chapter. No rezoning tentative map, parcel map, use permit, site development review approval, administrative site development review approval, building permit, or other entitlement shall be approved for any residential development unless exempt from or in compliance with the terms of this chapter.

B.

The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny or suspend any permit or development approval.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018)

A.

Any person aggrieved by any action involving denial, suspension or revocation of an occupancy or other permit, or denial, suspension or revocation of any development approval, may appeal such action or determination in the manner provided for by Chapter 18.52.

B.

Any developer or other person who contends that his or her rights conferred by this chapter have been adversely affected by any determination or requirement of any agency designated by the City as its administrative agent may notify the chief executive officer of said agency to that effect in writing, stating relevant facts. All such contentions shall be considered exclusively by said agency in accordance with such procedures as they may be established. In instances in which violations of this chapter or any agreement with the City on the part of said agency is alleged, City shall take appropriate investigative and corrective actions.

(Ord. 600-02 § 2, 2002; Ord. 670-06 § 3, 2006; Ord. 677-06 § 2, 2006; Ord. 817-16 § 4, 2016; Ord. 853-18 § 4, 2018)

All fees collected pursuant to Section 18.33.060 shall be deposited into a separate account to be designated the City of Union City housing in-lieu fund. The fees collected pursuant to Section 18.33.060

and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the City through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. Funds may be used for the reasonable and actual administrative costs directly related to the provision of affordable housing financed by the fund. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the City and, to the extent feasible, shall be utilized to provide for moderate, low, very low, and extremely low income housing. The fees collected shall be administered by the City Manager or designee, who may develop procedures to implement the purposes of the housing fund consistent with the requirements of this chapter and any adopted budget of the City.

(Ord. 853-18 § 4, 2018)

The "Union City Residential Nexus Analysis Study," dated September 2016 (the "Nexus Study"), prepared by Keyser-Marston Associates, Inc., quantifies the impacts of new residential construction on the need for affordable housing in the City and the justified affordable housing fees to mitigate those impacts. The City Council has determined that the affordable housing impact fee authorized by this section (the "affordable

housing impact fee") is reasonably related to the need for affordable housing associated with the development of market-rate housing as demonstrated by the Study. The affordable housing impact fee shall be collected and used for the purpose of creating, developing and/or maintaining existing housing targeted for affordable households within the City.

A.

Affordable housing impact fee shall apply to:

1.

Additions exceeding 500 square feet of habitable space; and

2.

The reconstruction or replacement of any single-family dwelling unit; provided, that the affordable housing impact fee shall only apply to the net increase in square footage greater than 500 square feet of habitable space.

B.

The affordable housing impact fee shall be set forth in the City's Master Fee Schedule or by other action of the City Council.

C.

No application for a use permit, site development review approval, administrative site development review, building permit or other entitlement shall be approved without compliance with this section.

D.

Impact fees shall not exceed the cost of mitigating the impact of market rate residential projects on the need for affordable housing in the City.

E.

The amount of any affordable housing impact fee payable under this section is based on the fee schedule in effect at the time of issuance of the building permit for the new dwelling unit or addition to which the fee relates.

F.

The impact fee shall be paid prior to issuance of the building permit for the new dwelling unit or addition. G.

All affordable housing impact fees shall be deposited into a separate account or fund, and shall be maintained and expended in accordance with the requirements of Government Code Section 66006, and any other applicable law. The affordable housing impact fees and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the City through acquisition, construction, development assistance, rehabilitation, financing, or other methods, and for costs of administering these programs. The affordable housing impact fees may be used for the reasonable and actual administrative costs directly related to the provision of affordable housing financed by such fees. The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the City and, to the extent feasible, shall be utilized to provide for moderate, low, very low, and extremely low income housing.

H.

The construction of an accessory dwelling unit shall not be subject to the requirements of Section 18.33.110.

(Ord. 853-18 § 4, 2018)

Chapter 18.34 ACCESSORY DWELLING UNITS (§ 18.34.010 – § 18.34.040)

Prior Ordinance History: Ord. 883-21 and Ord. 900-22, repealed by Ord. 2025-002, 3/25/2025. The purpose of this chapter is to implement Government Code Sections 66310 through 66342 by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review. In the event of any conflict or discrepancy between the ADU and/or JADU standards in this chapter and any other provisions of this title, the standards contained in this chapter shall take precedence.

(Ord. 2025-002, 3/25/2025)

A.

Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, shall be subject to a building permit.

B.

Permitting Procedure.

1.

Ministerial Review. A permit application for an ADU and/or JADU shall be processed ministerially, without discretionary review or a hearing.

2.

Review Period.

a.

Developed Lot. If there is an existing single-family or multifamily dwelling on a lot, a permit application for an ADU and/or JADU shall either be denied or approved within 60 days of receipt of a complete application.

b.

Undeveloped Lot. If a permit application to create or serve an ADU and/or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on a lot, the City may delay approving or denying the permit application for the ADU and/or JADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling; however, the application to create or serve the ADU and/or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3.

Deemed Approved. If a complete application is not approved or denied within 60 days of receipt of a complete application, the application shall be deemed approved.

4.

Denied Applications. If an application for an ADU and/or JADU is denied within 60 days of receipt of a complete application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

5.

Nonconforming Conditions. No application for a permit to create an ADU and/or JADU shall be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that:

a.

Do not present a threat to public health and safety; and b.

Are not affected by the construction of the ADU and/or JADU.

C.

Separate Entrance. ADUs and/or JADUs shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling.

D.

Separate Address. ADUs and/or JADUs shall provide a separate address from the primary dwelling. (Ord. 2025-002, 3/25/2025)

A.

General Plan and Zoning.

1.

Residential Use. ADUs approved in compliance with this chapter shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.

Permitted Locations. ADUs are permitted on lots with an existing or proposed single-family or multifamily dwelling in areas zoned to allow single-family or multifamily residential use.

3.

Density. ADUs shall not count toward the maximum density permitted on the lot.

B.

ADU Typology. ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. C.

Objective Standards.

1.

Number of ADUs.

a.

Single-Family ADUs.

i.

In addition to a JADU, no more than two ADUs shall be permitted on the same lot that has an existing or proposed single-family dwelling as follows:

(A)

One attached or detached, new construction ADU, or

(B)

One detached, new construction ADU that does not exceed 800 square feet and one ADU that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b.

Multifamily ADUs.

i.

Conversion ADUs. A minimum of one ADU and a maximum of 25% of the total number of existing multifamily dwelling units shall be permitted to be converted from existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the State building standards for dwellings. ii.

Detached ADUs.

(A)

Existing Multifamily Dwelling. On a lot with an existing multifamily dwelling, not more than eight detached ADUs shall be permitted. The number of ADUs shall not exceed the number of existing multifamily units on the lot.

(B)

Proposed Multifamily Dwelling. On a lot with a proposed multifamily dwelling, not more than two detached ADUS shall be permitted.

2.

Size. The maximum allowable square footage for ADUs shall not exceed the area limitations specified below. For the purposes of this section, the calculation of ADU square footage shall not comprise garages,

carports, covered porches/patios, breezeways, and/or other accessory structures.

a.

Existing Floor Area. ADUs converted from existing floor area shall not be subject to any size limitations.

b.

New Floor Area.

i.

Attached ADUs. Attached ADUs created from new floor area shall not exceed 1,000 square feet. ii.

Detached ADUs. Detached ADUs created from new floor area shall not exceed 1,200 square feet. 3.

Height.

a.

Existing Floor Area. ADUs converted from existing floor area shall not be subject to height limitations. b.

New Floor Area.

i.

Attached ADUs. Attached ADUs created from new floor shall not exceed a height of 30 feet or the maximum height permitted in the underlying zoning district. In all cases, ADUs shall not exceed two stories.

ii.

Detached ADUs. Detached ADUs created from new floor area, on a lot with an existing or proposed single family or multifamily dwelling unit, shall not exceed a height of 16 feet, or a height of 18 feet if either of the following conditions are met:

(A)

Transit Proximity. The lot on which the ADU will be created is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional height of two feet, for a maximum height of 20 feet, shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

(B)

Multifamily, Multistory Structure. The lot on which the ADU will be created consists of an existing or proposed multifamily, multistory dwelling.

4.

Setbacks.

a.

Existing Floor Area. ADUs located within an existing living area or an existing accessory structure, or ADUs that replace an existing structure and are in the same location and to the same dimensions as the structure being replaced, shall not be subject to setbacks.

b.

New Floor Area. ADUs created from new floor area are subject to the following setbacks: i.

Front Yard. Same as the underlying district, unless the ADU is no greater than 800 square feet in size, in which case, no front-yard setback applies.

ii.

Side Yard. A minimum of four feet.

iii.

Rear Yard. A minimum of four feet.

Parking. ADUs shall not be subject to the City's minimum parking requirements. Additionally, replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. A demolition permit for a detached garage to be replaced with an ADU shall be reviewed and issued concurrently with the ADU permit application.

6.

Historic Resources. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Interior's Standards for the Treatment of Historic Properties.

D.

Building Code Requirements. ADUs must comply with the City's building code requirements for detached dwellings. However, constructing an ADU does not constitute a Group R occupancy change under Section 310 of the California Building Code (Title 24), unless the Building Official issues a written finding, supported by substantial evidence, that the construction poses a specific, adverse impact on public health and safety. This provision shall not prevent the City from changing the occupancy code for space converted from uninhabitable or non-residential use to residential use.

E.

Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

F.

Impact Fees. ADUs that are 750 square feet or larger shall be subject to all applicable impact fees. Impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. As ascribed in Government Code Section 66324, as the same may be amended from time to time, and reprinted here for reference, "impact fee" means:

A "fee" as defined in subdivision (b) of [Government Code] Section 66000, expect that it also includes fees specified in [Government Code] Section 66477. "Impact fee" does not include any connection fee or

capacity charge charged by a local agency, special district, or water corporation.

G.

Passageway. No passageway shall be required in conjunction with the construction of an ADU. As ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference, "passageway" means:

A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

H.

Separate Sale. Except as permitted by Government Code Section 66341, as the same may be amended from time to time, ADUs shall not be sold or conveyed separately from the primary dwelling. I.

Sewage. ADUs using a private sewage disposal system shall obtain approval by the local health officer. J.

Short-Term Rental Limitation. ADUs shall not be rented for a term of less than 30 days.

K.

Utility Connection. ADUs constructed within the proposed space of a primary dwelling or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility

connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Government Code Section 66341. (Ord. 2025-002, 3/25/2025)

A.

Permitted Locations. JADUs shall be permitted in single-family residential zones.

B.

Number of JADUs. In addition to any ADUs, no more than one JADU shall be permitted per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. C.

Size. JADUs shall be limited to a maximum size of 500 square feet in floor area.

D.

Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

E.

Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:

1.

A prohibition of the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and

2.

A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 through 66339.

F.

Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence. G.

Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

H.

Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.

I.

New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of: 1.

Any fire and life protection ordinance or regulation.

2.

Providing service for water, sewer, or power, including a connection fee. (Ord. 2025-002, 3/25/2025)

Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT (§ 18.35.010 – § 18.35.210)

The purpose of the Corridor Mixed Use Commercial (CMU) district is to establish a mixed use residential/commercial district of high-density residential, commercial and office uses by intensifying the land use and providing opportunities for new mixed use (residential and commercial/office) developments. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

The following uses shall be permitted:

A.

Residential uses with a minimum density of 17 units per acre and a maximum density of 45 units per acre with activated ground floor uses, including, but not limited to, residential amenity space, leasing office, lobby, and business center.

B.

Residential mixed use developments with a minimum density of 17 units per acre and a maximum density of 45 units per acre with ground floor commercial uses located along the primary frontage. C.

Commercial Uses on the Ground Floor as Part of a Residential Mixed Use Development.

Banks/savings and loans, excluding check cashing businesses;

Business services;

3. Office uses;

Civic facilities;

5.

Food, such as restaurants and cafés, quick service, full service, bakeries with retail sales, retail and carryout;

6.

Food stores, up to 25,000 square feet, excluding convenience markets;

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

Health clubs;

9.

Health services, such as medical, dental, optical, physical therapy and pharmacies; 10.

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

Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, body art, shoe repair, travel agency, tailor, photography studio, and similar uses; and

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

D.

Commercial and/or Office Uses Not Part of a Residential Mixed Use Development.

1.

Any commercial use permitted in the CC District.

E.

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

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

The following conditional uses shall be permitted in the CMU Zoning 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.

Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code;

3.

Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted);

4.

Outdoor displays, such as flowers or newspapers, in conjunction with an existing adjacent business; 5. Sidewalk cafés per Section 18.36.190;

6.

Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and trimming, provided that all operations are conducted within a completely enclosed building;

7.

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

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.

Commercial recreation facilities;

Convenience markets;

4.

Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code; 5.

Fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out;

6.

Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading); 7.

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

Lodging, hotels and motels;

9.

Massage;

10.

Retail tobacco store, only where located more than 1,000 feet from another such use and a "sensitive use." Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the "sensitive use";

11.

Service stations with the following operational characteristics:

a.

All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least three sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site, with the exception of beer and wine,

b.

Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement; 12.

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.

C.

Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process). 1.

Mixed use residential developments. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 918-23, 10/24/2023)

A.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, approved sidewalk cafés, and approved outdoor displays. B.

Additions and modifications to commercial or residential projects, which are subject to the provisions of Chapter 18.76, Site Development Review, shall be designed to integrate with the existing project in terms of siting and architectural design. Above-ground utility installations, when permitted through specific site development review, shall be screened from public view. Roof top equipment, with the exception of solar energy equipment, shall be screened by architecturally-designed panels which are in proportion and scale with the roof line of the building.

C.

Trash and refuse collection facilities and disposal facilities shall be enclosed within the building or screened by a solid wall and not be visible from public streets.

D.

All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) Walls, fences, or hedges over three feet in height are subject to review and approval through the administrative site development (ASD) review or site development (SD) review process. No walls, fences, or hedges shall exceed six feet unless for the purposes of screening trash and loading facilities, or as required for sound attenuation.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) A minimum site area of not less than 20,000 square feet shall be required. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) A minimum of 17 units per acre and a maximum of 45 units per acre is permitted. The minimum site area per dwelling unit shall be 968 square feet.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) The minimum FAR shall be 0.5 and the maximum shall be 1.5 for mixed use developments. The minimum FAR shall be 0.3 and the maximum shall be 1.0 for standalone nonresidential uses.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) Every lot shall have a minimum width of at least 200 feet and a minimum depth of 100 feet. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) The amount of the site area covered by structures shall not be restricted. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) On Mission Boulevard, the front yard setback shall be five feet from the property line and a minimum of 15 feet from the face of curb to ensure a comfortable pedestrian environment.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023) No side yards shall be required, subject to the following exceptions:

A.

On the side street side of a corner site, a side yard of not less than 10 feet shall be required.

B.

One foot shall be added at ground level to each interior side yard for each three feet of height by which the structure exceeds 12 feet.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) A minimum rear yard setback of 10 feet shall be required. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) The maximum height of buildings shall be 55 feet, excluding non-habitable architectural features,

mechanical penthouses and elevator towers; provided, that they do not exceed 25% of the roof area of the building.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) All development shall comply with Section 18.24.050.

(Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023) No distance between structures shall be required. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022) Prior History: Former 18.35.170 Residential open space adopted by Ord. 906-22 § 4, 2022; amended by Ord. 875-20 § 4, 2020; repealed by Ord. 917-23.

All signs, marquees, and awnings shall be subject to the applicable limitations and requirements set forth in Chapter 18.30. A Sign Plan shall be required with each development. Any encroachments into the public right-of-way shall require approval of an encroachment permit by the Public Works Department. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

Parking shall be required subject to the following:

A.

Residential Use. Provide automobile and bicycle parking at residential district standards for the RM 1500 zoning district per Section 18.32.160, except that 100% affordable rental developments may provide offstreet parking pursuant to the standards contained in Section 18.32.160(B)(5). B.

Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150 (off-street parking in commercial districts). For commercial uses on the ground floor as part of a mixed use development, shared parking shall be evaluated on a case-by-case basis. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

Loading berths shall be provided and designed in compliance with the requirements of Section 18.36.140. (Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Chapter 18.36 COMMERCIAL DISTRICTS (§ 18.36.010 – § 18.36.210)

Use and bulk regulations applying specifically to commercial districts are set forth in this chapter.

Regulations set forth in other chapters that apply to commercial districts include, but are not limited to:

(Ord. 55-64 § 7.0, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

A.

CPA District—Professional and Administrative Commercial. To provide an area wherein professional offices, limited personal services and light retail activities may develop in close relationship with each other.

B.

CN District—Neighborhood Commercial. To provide limited retail and convenience goods and services, with minimal associated impacts, to meet the day-to-day needs of the City's residential neighborhoods. C.

CC District—Community Commercial. To stabilize, promote and improve the characteristics of the commercial business environment by providing adequate locations for stores, services and offices which fulfill the needs of the residents of the City as a whole.

D.

CVR District—Visitor and Recreation Commercial. To provide areas for commercial activities oriented to serve the traveling public, located near freeway interchanges and high capacity major arterials in such a fashion as to provide safe and convenient access and minimize conflicts with nearby residential land uses.

E.

CUL—Union Landing Commercial District. Refer to Chapter 18.39 and Section 18.36.050. F.

CMU—Corridor Mixed Use Commercial District. Refer to Chapter 18.35.

(Ord. 55-64 § 7.0, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022)

A.

A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol "X" is marked in the column beneath the C district:

(Ord. 55-64 § 7.1, 1964; Ord. 55.102-73 § 2, 1973; Ord. 55.112-73 §§ 4A and B, 1973; Ord. 55.147-75 § 2, 1975; Ord. 55.160-76 § 2, 1976; Ord. 55.171-77 § 2, 1977; Ord. 55.182-77 § 2(A), 1977; Ord. 55.224-80 § 3, 1980; Ord. 55.250-83 § 3, 1983; Ord. 55.256-84 § 2, 1984; Ord. 55.271-86, 1986; Ord. 55.285-87 § 2 Exh. A, 1987; Ord. 55.304-89 § 2, 1989; Ord. 55.311-89 § 2, 1989; amended during 1990 republication; Ord. 430-94 § 2, 1994; Ord. 492-96 § 3, 1996; Ord. 599-02 § 2, 2002; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 761-11 § 3, 2011; Ord. 772-12 § 1, 2012; Ord. 806-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 906-22 § 4, 2022; Ord. 909-22 § 3, 2022; Ord. 912-23 § 4, 2023)

The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol "X" is marked in the column beneath the C district: A.

Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

B.

Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

(Ord. 55-64 § 7.2, 1964; Ord. 55.33-68 § 2, 1968; Ord. 55.103-73 § 2, 1973; Ord. 55.112-73 § 4C, 1973; Ord. 55.148-75 § 2, 1975; Ord. 55.160 § 2, 1976; Ord. 55.183-77 § 2(B), 1977; Ord. 55.199-78 § 1, 1978; Ord. 55.224-80 § 3, 1980; Ord. 55.243-82 § 2, 1982; Ord. 55.250-83 § 4, 1983; Ord. 55.254-84 § 2, 1984; Ord. 55.255-84 § 2, 1984; Ord. 55.264-85 § 3, 1985; Ord. 55.271-86, 1986; Ord. 55.272-86, 1986; Ord. 55.285-87 Exh. A, 1987; Ord. 55.304-89 § 2, 1989; Ord. 55.308-89 § 2, 1989; Ord. 55.310-89 § 2, 1989; Ord. 55.311-89 § 2, 1989; amended during 1990 republication; Ord. 55.314-90 § 2, 1990; Ord. 55.324-92 § 2 (Exh. A), 1992; Ord. 55.329-92 § 2 (Exh. A), 1992; Ord. 430-94 § 2, 1994; Ord. 448-95 § 2, 1995; Ord. 488-96 § 2, 1996; Ord. 492-96 § 3, 1996; Ord. 508-97 § 2, 1997; Ord. 513-98 Exh. A-1, 1998; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007; Ord. 708-08 § 2, 2008; Ord. 712-08 § 2, 2008; Ord. 720-09 § 2, 2009; Ord. 728-10 § 2, 2010; Ord. 757-11 § 1, 2011; Ord. 761-11 § 4, 2011; Ord. 806-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 882-21 § 4, 2021; Ord. 906-22 § 4, 2022; Ord. 912-23 § 4, 2023; Ord. 918-23, 10/24/2023)

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within 1,000 feet of "sensitive uses." Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the "sensitive use." Service stations are exempt from the requirements of this section. (Ord. 728-10 § 2, 2010; Ord. 769-12 § 2, 2012; Ord. 906-22 § 4, 2022)

In commercial districts, including the CUL and CMU districts, the following conditions shall be required: A.

Where a site adjoins an A, OS or R district, a solid masonry wall six feet in height shall be located on the property line, except that walls located in the street side yard setback shall not exceed three feet in height. B.

No wall, fence, or hedge shall exceed six feet in height if located in a required side yard or rear yard, unless a greater height is approved through the site development review or use permit process. A wall, fence, or hedge located in a required front yard or street side yard setback shall not exceed three feet in height. C.

Outdoor storage of materials and equipment permitted through the issuance of a use permit shall occur only within an area which is screened from view from public rights-of-way by a solid wall or fence with solid gates where necessary, or compact evergreen hedge not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall, fence or hedge with the exception of live plant material. D.

A use not conducted entirely within a completely enclosed structure shall be screened by a solid wall or fence, or compact evergreen hedge not less than six feet in height, if such use without such screening is found by the decision maker to have a substantial and detrimental effect on property values in the area. E.

All business, services, and processes shall be conducted entirely within a completely enclosed structure except for off-street parking and loading areas, and where permitted by a use permit, gasoline service stations, outdoor dining areas, nurseries, garden shops, lumber and other building materials stores. Temporary outdoor commercial events are permitted as provided by Chapter 18.54.

F.

Products which are produced and sold on-site shall be sold at retail, and not wholesale. G.

Permitted and conditional uses in the Union Landing Commercial district shall be subject to the special design and siting criteria contained in Chapter 18.39.

H.

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

I.

All commercial development, including both new construction and additions, shall be articulated on all elevations.

J.

Additions and modifications to commercial projects which are subject to the provisions of Chapter 18.72, Administrative Site Development Review, shall be designed to integrate with the existing project in terms of siting and architectural design. Above-ground utility installations, when permitted, shall be screened from public view. Roof equipment shall be screened by architecturally designed panels which are in proportion and scale with the roof line of the existing building. K.

All wood burning appliances installed in new commercial buildings or wood burning appliances being added to or replacing wood burning appliances in existing commercial buildings shall comply with the following regulations. Commercial buildings shall include, but not be limited to, hotels and restaurants. Gas fireplaces shall be exempt from these regulations; however, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood burning appliance and shall be subject to the following regulations.

1.

A wood burning appliance shall comply with these regulations if:

a.

It is reconstructed;

b.

Additions, alterations or repairs are made to the appliance that require opening up immediately-adjacent walls; or

c.

The residential units in which the appliance is located is renovated, and the renovation includes opening up walls immediately adjacent to the appliance.

2.

It is unlawful to:

a.

Use any wood burning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and when an alternate approved heat source is available;

b.

Install a wood burning appliance that is not one of the following:

i.

A pellet-fueled wood heater,

ii.

An EPA certified wood heater, or

iii.

A fireplace certified by EPA should EPA develop a fireplace certification program;

c.

Use any of the following prohibited fuels in a wood burning appliance:

i.

Garbage, ii. Treated wood, iii. Plastic products, iv. Rubber products,

v.

Waste petroleum products, vi. Paints, vii. Paint solvents, viii. Coal, ix. Glossy or colored papers,

x.

Particle board, xi.

Saltwater driftwood.

Any person who plans to install a wood burning appliance must submit documentation to the Building Division of the City demonstrating that the appliance is in compliance with subsection (K)(2)(b) of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

L.

Accessory structures must conform to the following standards:

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

2.

No detached accessory building or buildings shall occupy more than 30% of the area of a required rear yard.

3.

No detached accessory building located in a required rear yard shall exceed 12 feet in height. M.

All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

(Ord. 55-64 § 7.4, 1964; Ord. 55.117-74 § 3, 1974; Ord. 55.224-80 § 3, 1980; Ord. 55.280-86 § 3, 1986; Ord. 55.304-89 § 2, 1989; Ord. 342-90 § 2, 1990; Ord. 407-93 § 2, 1993; Ord. 492-96 § 3, 1996; Ord. 53199 § 2, 1999; Ord. 533-99 § 13, 1999; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 712-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 768-12 § 2, 2012; Ord. 771-12 § 7, 2012; Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 915-23 § 4, 2023; Ord. 917-23, 9/26/2023)

A minimum site area of not less than 5,000 square feet shall be required.

(Ord. 55-64 § 7.5, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022)

No minimum site frontage, depth, and width shall be required.

(Ord. 55-64 § 7.6, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022)

The amount of the site area covered by structures shall not be restricted subject to the exception that in the CPA district the maximum site area covered by structures shall be 50%.

(Ord. 55-64 § 7.7, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022)

A minimum front yard of 20 feet shall be required, except as provided below.

A.

For structures which exceed 20 feet in height, the required setbacks shall be a minimum of 25 feet. B.

On Mission Boulevard, the front yard setback shall be five feet from the property line and a minimum of 15 feet from the face of curb to ensure a comfortable pedestrian environment.

(Ord. 55-64 § 7.8, 1964; Ord. 352-90 § 2, 1990; Ord. 492-96 § 3, 1996; Ord. 531-99 § 2, 1999; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

No side yards shall be required, subject to the following exceptions:

A.

In the CN and CC districts, on the side street side of a corner site, a side yard of not less than 10 feet shall be required.

B.

Where the side property line of a site adjoins property in a residential district, a side yard of not less than 20 feet adjoining the residential district shall be required.

C.

One foot shall be added at ground level to each required interior side yard for each three feet of height by which the structure exceeds 12 feet.

(Ord. 55-64 § 7.9, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022)

No rear yard shall be required, subject to the following exceptions:

A.

In the CN district, a rear yard of not less than 10 feet shall be required.

B.

Where the rear property line of a site adjoins property in an A or R district, a rear yard of not less than 20 feet shall be required.

C.

One foot shall be added at ground level to the required rear yard for each three feet of height by which the structure exceeds 12 feet.

(Ord. 55-64 § 7.10, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 90622 § 4, 2022)

No structure shall exceed the height as prescribed in the following table:

(Ord. 55-64 § 7.11, 1964; Ord. 55.224-80 § 3, 1980; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022)

A.

Required Loading Berths. The decision maker may require loading berths for each of the commercial districts that shall not be less than 10 feet by 25 feet and shall be provided in accordance with the following schedule:

For each additional 200,000 square feet of nonresidential floor area or fraction thereof over 100,000 square feet of floor area one additional loading berth shall be provided.

B.

Design. All loading docks shall be designed according to the following standard unless an alternative design is approved through the site development review or administrative site development review process.

1.

Loading docks shall be located inside a building and equipped with closable doors.

(Ord. 55-64 § 7.13, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 90622 § 4, 2022; Ord. 917-23, 9/26/2023)

Public automobile and bicycle parking facilities shall be provided as follows:

A.

Places of Assembly.

1.

Churches: one space for each five seats in main assembly room or one space for each 50 square feet of floor area, whichever requirement is greater;

2.

Funeral homes, mortuaries: one space for each 50 square feet of chapel area or one space for each five seats in the same, whichever requirement is greater;

3.

Places of public assembly having fixed seating, such as auditoriums, theaters, assembly halls, sports arenas, stadiums: one space for each four seats;

4.

Places of public assembly having no fixed seats, such as dance halls, exhibition halls, gymnasiums, skating rinks, lodges: one space for each 100 square feet of floor area used for public assembly;

Schools.

a.

Business, professional, trade, art, craft, music and dancing schools and colleges: one space for each employee plus one for each four students,

b.

Nursery and day care centers: one space for every 10 children, plus one space for every two employees. B.

Office, Business, Commercial and Service Uses.

1.

Bowling alleys: six spaces for each lane;

2.

Hotels and motels: one space for every room plus one space for every two employees on maximum shift;

3.

Medical and dental clinic and offices: one space for every 200 square feet of gross floor area;

4.

Offices, banks and professional offices: one space for every 200 square feet of gross ground floor area and one space for every 300 square feet of gross floor area above or below the ground floor;

5.

Restaurants, bars, nightclubs and lounges: one space for every three seats or one space for every 100 square feet of gross floor area, whichever requirement is greater;

6.

Rest homes, convalescent hospitals, sanitariums: one space for every four beds plus one space for every two employees;

7.

Retail sales of automobiles, automobile parts, appliances, furniture, machinery, equipment rental, building materials, nurseries, and other similar retail uses involving primarily bulk merchandise: one space for each 400 square feet of gross floor area plus one space for each 2,000 square feet of lot area occupied by such area;

8.

Service and repair uses such as printing, upholstering, appliance repair, sheet metal working, wood working or roofing: one space for every 500 square feet of gross floor area;

9.

Service stations: three spaces for each hoist, rack or other area designed for servicing or minor repairs plus one space for every two employees on maximum shift.

C.

Light retail sales, business and commercial establishments: one space for every 175 square feet where gross floor area is less than 10,000 square feet; one space for every 200 square feet where gross floor area is 10,000 square feet or greater.

D.

Other uses shall be provided on the same basis as required for the most similar use or as determined by the City Planning Commission.

E.

Bicycle parking facilities shall be provided, at a minimum, in an amount equal to 10% of the required automobile parking demand as determined by this chapter except for areas within one-half mile of the Intermodal Station. For bicycle parking demand ratios in these areas, see subsection F of this section. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision

maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision maker.

F.

For areas within one-half mile of the Intermodal Station, bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent of the required automobile parking demand as determined by this chapter. A minimum of 20% of the required bicycle parking demand shall be enclosed and secure to accommodate long-term users. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand

for these facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision maker.

(Ord. 55-64 § 7.14, 1964; Ord. 55.149-75 § 2, 1975; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 683-07 § 8, 2007; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

The Planning Commission may authorize off-street parking as specified in Section 18.36.150, or the joint use of parking facilities for uses or activities if it finds that the normal hours of operation of such uses or activities do not substantially coincide or overlap with each other. Joint-use parking shall be subject to the following limitations and conditions:

A.

No more than 50% of the parking spaces required for a building or use may be supplied by parking facilities required for any other building or use.

B.

The applicant shall submit sufficient data to indicate that there is no substantial conflict in the principal operating hours of the uses proposing to make use of the joint parking facilities. C.

The property owners involved in the joint use of off-street parking facilities shall submit a legal agreement approved by the City Attorney as to form and content. Such instrument, when approved as conforming to the provisions of this section, shall be recorded by the property owner in the office of the County Recorder and a copy thereof filed with the City.

(Ord. 55.149-75 § 2, 1975; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 90622 § 4, 2022)

A.

New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112, Water Efficient Landscape Ordinance, and the Landscape Standards Policy Statement. B.

Replacement of dead, dying or deficient landscaping shall be required for establishment of new uses or modification of existing uses.

C.

Site Coverage Requirements.

1.

Projects located in commercial districts referenced in this chapter (excluding the Professional and Administrative Commercial (CPA) district), that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure 10% of the project site area. 2.

Projects located in the CPA district, that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum of 15% of the project site area. 3.

Drive-in and drive-through establishments (gas stations, fast food, etc.) shall include landscaped areas that measure a minimum of 20% of the project site's area. Excluding sidewalks and walkways, decorative hardscape surfaces and hardscape elements, can constitute up to 5% of the total requirement. D.

Landscape In-Lieu Fee.

1.

Projects that cannot provide the minimum amount of landscaping required in Section 18.32.170(B) shall pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule. E.

Parking Lot Coverage.

1.

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

(Ord. 5.5.149-75 § 2, 1975; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 76812 § 2, 2012; Ord. 906-22 § 4, 2022)

A.

Non-amplified live music at restaurants or event venue is permitted outdoors until 8:00 p.m. and indoors until 12:00 a.m. subject to compliance with Chapter 9.40, Community Noise.

B.

Amplified live music at restaurants or event venue is permitted with an administrative use permit approval as detailed in Chapter 18.54 and shall comply with the following standards:

1.

Amplified live music shall not be permitted outdoors.

2.

Amplified live music shall end by:

a.

For facilities within 500 feet of a residential district or use, amplified live music shall end by 12:00 a.m. b.

For facilities 500 feet or more from a residential district or use, amplified live music shall end by 2:00 a.m. 3.

Third-party promoters, cover charges, and drink minimums shall be prohibited.

4.

The maximum occupant load for the facility shall be clearly posted and shall not be exceeded at any time. 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.

6.

Live music shall conform to Chapter 9.40, Community Noise.

The property owner, business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb community health and safety. 8.

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. (Ord. 2026-002, 1/27/2026)

A.

The following standards are applicable to all outdoor dining areas:

Operational Standards.

a.

An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.

b.

The area within 15 feet of the outdoor dining area shall be kept clean and free of litter.

c.

An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed.

d.

The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.

e.

Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.

f.

Smoking or vaping is not permitted within an outdoor dining area at any time.

g.

An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.

h.

Cooking and/or the preparation of food within outdoor dining areas is prohibited.

i.

Portable heaters, if provided, shall be located a minimum of five feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.

j.

Umbrellas, if provided, shall not be placed under a permanent roof or overhang.

k.

An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.

2.

Design Standards.

a.

An outdoor dining area shall be located adjacent to a permitted food service use.

b.

An outdoor dining area shall be designed and operated so that unsafe conditions are not created.

c.

An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.

d.

An outdoor dining area shall comply with applicable California Building and Fire Code requirements.

e.

An unobstructed path of travel with a minimum four foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.

f.

Temporary tent structures are prohibited.

B.

Private sidewalk cafés are subject to the following standards:

1.

Design Requirements.

a.

A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5% of existing landscaping.

i.

If more than 5% of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in Section 18.36.190(C).

b.

A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are three feet in height or less. Solid walls are not permitted.

i.

if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.

c.

If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in Section 18.36.190(C).

d.

Circulation.

i.

A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.

ii.

The clear path shall be a paved sidewalk that is at least five feet wide.

iii.

The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include, but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.

iv.

Recesses in the building façade shall not be used to satisfy the clear path requirement.

2.

Permit Requirements.

a.

Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:

i.

An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.

ii.

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

All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits. C.

Outdoor dining patios are subject to the following standards:

1.

Design Requirements.

a.

An outdoor dining patio shall be located adjacent to a food service use on private property. b.

An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are three feet in height or less. Solid walls are not permitted.

i.

If the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.

c.

An outdoor dining patio may have permanent shade and/or lighting structures.

i.

Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.

ii.

Any permanent improvements shall comply with the development standards for the appropriate zoning district which the site is located in.

d.

An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver's sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.

e.

Removal of required off-street parking:

i.

The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.

ii.

If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site. 2.

Permit Requirements.

a.

Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section 18.36.190(B)(2).

D.

Sidewalk cafés are subject to the following standards:

1.

Design Requirements.

a.

A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.

b.

A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are three feet in height or less. Solid walls are not permitted.

c.

Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.

d.

Circulation.

i.

A clear path around or though the sidewalk café shall be provided and be maintained at all times.

ii.

The clear path shall be a paved sidewalk that is at least five feet wide.

iii.

The clear path shall be measured from the outermost point of the private sidewalk café to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include, but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café. iv.

Recesses in the building façade shall not be used to satisfy the clear path requirement. 2.

Permit Requirements.

a.

Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in Section 18.36.190(B)(2).

b.

Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or designee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed 30 calendar days, the City may cause such relocation or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section.

c.

The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000.00), or such greater amount required by the City Manager with the City of Union City listed as an additional insured.

(Ord. 624-04 § 2, 2004; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022; Ord. 912-23 § 4, 2023)

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 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.

B.

Amplified live music at full service/sit down restaurants is permitted with an administrative use permit approval as detailed in Chapter 18.54 and shall fully comply with the following standards:

Amplified live music shall not be permitted outdoors.

2.

Amplified live music shall end by 12:00 a.m.

3.

Third-party promoters, cover charges, and drink minimums shall be prohibited.

Dance floors and stages shall be prohibited.

5.

A full food menu shall be offered and food sales shall be 50% or more of the total gross sales.

The maximum occupant load shall be clearly posted.

Windows shall remain clear and unobstructed.

8.

A security plan addressing, 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.

9.

Live music shall conform to the Union City Community Noise Ordinance in Chapter 9.40.

10.

The business owner and/or operator shall take reasonable actions necessary to inhibit loitering, shouting, fighting, and other activities that would disturb the peace.

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.

(Ord. 809-15 § 4, 2015; Ord. 906-22 § 4, 2022; Ord. 912-23 § 4, 2023)

A.

All development shall comply with Section 18.24.050.

B.

Mixed-use development along Mission Boulevard, CC District.

1.

Mixed-use developments shall be regulated by the standard lot size, setback, maximum height, off-street parking requirements, and maximum lot coverage requirements of the CC, Community Commercial District. 2.

For residential uses located above ground floor commercial uses, the density limitations, off-street parking and bicycle parking requirements shall be based on the regulations for the RM 1500 District.

(Ord. 636-06 § 2, 2004; Ord. 670-06 § 3; Ord. 712-08 § 2, 2008; Ord. 875-20 § 4, 2020; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Establishment of superstores shall be subject to the criteria outlined in the document entitled, "Policy Statement for Use Permit Review of Superstores."

(Ord. 688-07 § 2, 2007; Ord. 906-22 § 4, 2022)

Chapter 18.37 STATION EAST MIXED USE RESIDENTIAL (SEMU-R) DISTRICT (§ 18.37.010 – § 18.37.210)

The purpose of the station east mixed use residential (SEMU-R) district is to establish a high-density residential and commercial district which allows for multifamily residential uses and mixed use residential uses that includes ground floor commercial uses along the site's major thoroughfares. (Ord. 884-21 § 4, 2021)

The following uses shall be permitted:

A.

Accessory dwelling units consistent with Chapter 18.34.

B.

Civic facilities.

C.

Commercial uses, located in a stand-alone building or incorporated into the ground floor as part of a residential mixed use development including:

1.

Art studios;

2.

Banks/savings and loans (excluding check cashing services); 3.

Business services;

4.

Civic facilities;

5.

Fitness studios with an occupant load of less than 50 under the Uniform Building Code;

6.

Florists;

7.

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

Food stores, up to 25,000 square feet, excluding convenience markets;

9.

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

10.

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

Office uses;

12.

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

13.

Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses; and 14.

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

Residential uses with activated ground floor commercial uses, including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages.

E.

Home occupations subject to the conditions listed in Section 18.32.020(G).

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

A.

Approval by the Zoning Administrator (Refer to Chapter 18.54 for a detailed description of the administrative use permit process).

1.

Outdoor activities located in private and public plazas.

2.

Outdoor displays in conjunction with an existing adjacent business.

3.

Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted).

4.

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

B.

Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

Massage uses.

Wine bars.

C.

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

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

A.

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

B.

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

C.

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

(Ord. 903-22 § 4, 2022)

A.

Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the decision maker may approve, at its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses if the project can demonstrate a community benefit. Live/work units shall comply with Section 18.38.032.

B.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures or otherwise listed in Sections 18.37.020 and 18.37.030. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject

to approval by the Economic and Community Development Director or decision maker.

C.

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

D.

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

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

F.

Any residential building that includes more than 250 units shall provide a shared co-working space area measuring a minimum of 300 square feet.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

Walls, fences, or hedges over three feet in height are subject to review and approval through the site development review or administrative site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities.

(Ord. 903-22 § 4, 2022)

A minimum site area of not less than 3,500 square feet shall be required.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

A minimum of 25 units per acre and a maximum of 100 units per acre is permitted, with an average of no less than 50 units per acre being maintained within the district. The minimum site area per dwelling unit shall be 435 square feet.

(Ord. 903-22 § 4, 2022)

The allowed floor area ratio (FAR) range is between 0.40 and 3.0.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

Newly created lots shall have a minimum lot dimension of at least 35 feet and 100 feet. Exceptions may be

granted by the decision maker through the site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

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

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

A.

Front, side, and rear yard setbacks shall be a minimum of six feet.

B.

Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three feet.

C.

Buildings located along Decoto Road or 7th Street shall be setback a minimum 20 feet from these frontages. The setback can be reduced to a minimum of 10 feet for up to 10% of the building frontage to accommodate variations in building design subject to site development review approval.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

The maximum height of buildings shall be 100 feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed 20 feet in height.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022) All development shall comply with Section 18.24.050.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

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

Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum 10% of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process. (Ord. 903-22 § 4, 2022)

f a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum 10% of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process. (Ord. 903-22 § 4, 2022)

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building's architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022) Parking shall be required subject to the following:

2. Consistent with Government Code Section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within one-half mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022)

A.

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

B.

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

C.

Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision makers.

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

A.

Loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be designed according to the following standards unless an alternative design is approved through the site development review process.

1.

Loading docks shall be located inside a building and equipped with closable doors.

2.

Loading zones shall be provided along the street frontage(s).

(Ord. 884-21 § 4, 2021; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Chapter 18.38 STATION MIXED USE COMMERCIAL (CSMU) DISTRICT (§ 18.38.010 – § 18.38.240)

The purpose of the station mixed use commercial (CSMU) district is to establish a mixed use town center/central business district of high-density residential, commercial, office, and research and development uses that will serve as an important regional center, while providing strong pedestrian connections throughout the district. This zoning district is designed to facilitate the achievement of the following objectives:

A.

To create an environment surrounding the intermodal facility that is mixed use and transit-oriented and has good connectivity with the rest of the City;

B.

To ensure that the station district includes opportunities for research and development; office; commercial; high-density, mixed-income residential; ground floor retail; and community uses; C.

To promote land uses and urban design that maximize transit use and minimize automobile dependence; D.

To ensure that the intermodal facility is the nucleus of a vibrant, transit-oriented mixed use district that is a community and regional destination;

E.

To provide a pedestrian-friendly atmosphere with development that minimizes parking impacts on the quality of the streetscape and the neighborhood;

F.

To attract local-serving businesses to the area to support and balance residential, office, and research and development (R and D) uses in the district;

G.

To guide all new development in the station district in such a way as to ensure harmony with existing and potential uses both within the station district and in adjacent neighborhoods. (Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) The following uses shall be permitted:

A.

Accessory dwelling units consistent with Chapter 18.34.

B.

Civic facilities.

C.

Commercial uses incorporated into the ground floor as part of a residential or office mixed use development including:

1.

Art Studios;

2.

Banks/savings and loans, excluding check cashing businesses;

3.

Body art;

4.

Business services, such as photocopying services and small printing shops, computer and data processing, graphic design, sign shops;

5.

Civic facilities;

6.

Fitness studios with an occupant load of less than 50 under the Uniform Building Code;

7.

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

Food stores, up to 25,000 square feet, excluding convenience markets;

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

10.

Health services, such as medical, dental, optical, physical therapy and pharmacies; 11.

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

Offices uses; 13.

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

D.

Home occupations subject to the conditions listed in Section 18.32.020(G).

E.

Office mixed use developments with ground floor commercial uses identified in Section 18.38.020(C). F.

Residential mixed use developments with ground floor commercial uses identified in Section 18.38.020(C). G.

Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed. (Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 761-11 § 5, 2011; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 809-15 § 4, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

A.

Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

1.

Adult and child day care facilities;

2.

Educational and instructional uses, such as business, beauty, computer, dance, martial arts, tutorial services;

3.

Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted);

4.

Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B); 5.

Outdoor activities located in private and public plazas;

6.

Outdoor displays in conjunction with an existing adjacent business;

All other uses 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 City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

Bars and nightclubs.

Commercial recreation facilities.

Convenience markets.

4.

Farmers' markets, when in conjunction with the City or the Chamber of Commerce.

Massage uses located on the ground floor in mixed use developments.

6. Hotels.

7.

Research and development (R and D)/flex space with no nuisance characteristics.

Live/work units in compliance with Section 18.38.032.

9.

Transportation facilities, such as heliports and bus transfer facility or passenger rail facilities. 10.

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.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 708-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 806-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

A.

Purpose. The purpose of live/work units is to allow the flexible use of space for joint residential occupancy and nonresidential activity (as live/work is defined in Section 18.08.298 of the Municipal Code) to meet the changing needs of the Union City community and to encourage small, independent, and creative businesses and artistic endeavors. The City strongly encourages commercial uses in live/work units. B.

Location. The location of live/work units shall be determined through the conditional use permit process with approval by the City Council.

C.

Uses. The following list the uses that shall be permitted or conditionally permitted in live/work units.

(Ord. 803-15 § 3, 2015; Ord. 809-15 § 4, 2015)

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within 1,000 feet of "sensitive uses." Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the "sensitive use."

(Ord. 728-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

A.

Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the City Council may approve, in its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses. Live/work units shall comply with Section 18.38.032.

B.

There shall be no greater than 15% net loss of total commercial space in any future redevelopment within the district, with a focus on retaining retail anchors such as grocery stores and drugstores.

C.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.

D.

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

E.

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

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

G.

Any residential building that includes more than 250 units shall provide a shared co-working space area measuring a minimum of 300 square feet

H.

In addition to the above listed performance standards, the following shall apply to live/work units.

1.

Units may be used for: residential occupancy only; a combination of residential and work (nonresidential uses); or work only. The City strongly encourages commercial uses in the live/work units.

2.

The nonresidential uses shall not conflict with the development's surrounding or adjacent residential uses and shall not be detrimental or harmful to the residential uses.

3.

The units' exteriors shall not be altered without review and approval by the City, other than for signage, which shall be governed by the development's Sign Plan.

4.

Units that are used for residential use, in whole or in part, shall at all times maintain a complete kitchen space, bathroom facilities, egress and ventilation in compliance with applicable building codes.

5.

For units that are lofts, there shall remain at all times a visual and physical openness between the main floor and the loft area in compliance with applicable building codes.

6.

The commercial component shall be restricted to the unit and shall not be conducted outside the unit, in the garage or any accessory structure, except as approved by the Zoning Administrator with an administrative use permit. Exterior storage is prohibited.

7.

There shall be no excessive odors, noise, glare, vibration, or electrical interference detectable to the normal sensory perception of nearby neighbors. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

8.

Access for the commercial component shall be: located on the ground level, oriented to the public street or public walkway.

9.

All nonresidential uses, including home occupations, shall obtain a business license prior to operation, in compliance with Title 5 of the Union City Municipal Code.

10.

Nonresidential uses in live/work units shall be subject to periodic inspections by the City's fire, building, and health and safety personnel from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City holidays.

11.

Maintenance standards or conditions, covenants and restrictions (CC&Rs) shall be prepared for any new development and shall be approved by the Economic and Community Development Department. Said maintenance standards or CC&Rs shall, at a minimum, provide for overall self-governance of common areas. Neither the maintenance standards nor the CC&Rs shall give approval or denial authority over the nonresidential uses in the live/work units.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 771-12 § 8, 2012; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

Walls, fences, or hedges over three feet in height are subject to review and approval through the administrative site development review or site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

A minimum site area of not less than 20,000 square feet shall be required.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) A minimum of 100 units per acre and a maximum of 165 units per acre is permitted. The minimum site area per dwelling unit shall be 264 square feet.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 1.0, however the FAR may be reduced to a minimum of 0.5 on previously developed sites that do not meet the minimum 1.0 FAR and where the previously developed sites are proposed for redevelopment at a higher FAR than the previous development, and the maximum shall be 4.2. However, no FAR minimum is required for nonresidential uses in live/work units and for nonresidential uses as part of a mixed use development.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

Every lot shall have a minimum street frontage width of at least 100 feet and a minimum depth of 200 feet. (Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) The amount of the site area covered by structures shall not be restricted.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) Front yard setbacks shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment. On Decoto Road, the front yard setback shall be 20 feet from the property line. (Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) Interior side yard setbacks shall not be required. Street side yard setbacks shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment. (Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) Rear yards shall not be required, except that street rear yards shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) The minimum height of buildings shall be three stories and the maximum height of buildings shall be 14 stories or one hundred sixty feet (160) feet, excluding mechanical penthouses and elevator towers; provided, that they do not exceed 25% of the roof area of the building. Buildings higher than five stories or 65 feet shall require approval of a use permit.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) All development shall comply with Section 18.24.050.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023) No distance between structures shall be required.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015) Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building's architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section

18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

A.

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

B.

A minimum of one motorcycle parking stall that is enclosed and weather-protected shall be provided for every 25 units.

C.

For retail uses on the ground floor as part of a mixed-use development, no additional automobile parking is required.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 683-07 § 9, 2007; Ord. 719-09 § 2, 2009; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

A.

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

B.

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

C.

Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision marker.

(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Where a public parking fund exists for the purpose of developing public parking, applicants may make an in-lieu payment for construction, maintenance and operation of public off-street parking instead of providing off-street parking spaces as required by this chapter subject to approval by the decision maker and issuance of a use permit pursuant to Chapter 18.56. The fee shall be pursuant to resolution of the City

Council. In-lieu payments under this section shall be used for the purposes set forth in the ordinance establishing public parking funds

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

A.

Loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be designed according to the following standards unless an alternative design is approved through the site development review process.

1.

Loading docks shall be located inside a building and equipped with closable doors.

2.

Loading zones shall be provided along the street frontage(s).

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

Land use densities and mix of uses (residential, retail, office and light industrial) for the CSMU district shall be consistent with the General Plan. Ground floor retail is permitted throughout the district as part of any residential or commercial development.

The existing Union Square Office Park at the corner of Decoto Road and Union Square shall be retained for high-density office and commercial uses and the Verandas Apartments shall be retained for high-density residential uses.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

Chapter 18.39 UNION LANDING COMMERCIAL (CUL) DISTRICT (§ 18.39.010 – § 18.39.070)

Note: Prior ordinance history: Ords. 55.328-92, 406-93 and 430-94.

The Union Landing commercial (CUL) district is established in recognition of the significance to the City of this major commercial area. This zoning district is designated to provide flexibility to the development process, while facilitating the achievement of the following objectives:

A.

To encourage and support the development of Union Landing as the major retail center of the City and a retail center of regional and subregional significance; B.

To encourage the development of uses, features and conditions in Union Landing that will allow the area to become the major commercial area of Union City, including opportunities for daytime and evening uses; C.

To discourage uses, either short- or long-term, and avoid actions that would be detrimental to the achievement of subsections A and B of this section;

D.

To ensure, to the extent practical, that all new development in Union Landing will be economically viable, that it will generate revenues to the City in excess of City costs to service development, and that it will create new jobs within the City;

E.

To encourage unified development of Union Landing to achieve coordinated improvements and interconnections between development areas;

F.

To establish site planning and architectural standards that ensure a high quality of development and that establish a strong sense of design unity;

G.

To identify and, to the greatest extent possible, minimize the potential adverse effects of development in Union Landing on surrounding areas;

H.

To allow for various types of commercial development recognizing changing market conditions while organizing these developments into distinctive areas within Union Landing.

(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)

For purposes of project application review, four types of commercial developments are permitted within the district:

A.

Subregional commercial development (SRC);

B.

Subregional specialty commercial development (SRSC);

C.

Community commercial development (CC); and

D.

Office Commercial development (OC).

(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)

A.

Subregional Commercial Development (SRC).

1.

Concept.

a.

Subregional commercial developments shall provide commercial acreage for large-scale general retailers and big-box retail centers designed to attract shoppers from a wide market area, including from areas outside the City. Subregional commercial developments shall be identified by the inclusion of one or more large-scale, single-tenant retail buildings of over 100,000 square feet in floor area. Subregional commercial developments shall have the ability to draw shoppers from multiple trade areas by providing a wide variety of products and merchandise not typically found in local neighborhood commercial establishments. Such variety may be achieved by the development of adjoining groups of two or more large-scale general retailers or big-box retail centers or through the development of a wide breadth of smaller, specialized retail stores that feature products with broad, multi-area appeal adjacent to a single or small collection of largescale anchor stores. Limited food, office and services uses may be permitted. Single-use developments such as an indoor multiplex theater or hotels may also be considered under this development type provided that the project is located and designed in such a way as to complement any adjacent pedestrianoriented commercial development.

b.

Subregional commercial development shall be situated in such a manner to take advantage of good visibility from I-880 as well as access from the freeway interchanges at Whipple and Alvarado-Niles Roads. Subregional commercial development shall be located adjacent to existing and subregional commercial development or if none exists, at either at the northern end of Union Landing or at the eastern end with good access to Dyer Street and/or Alvarado-Niles Road.

2.

Performance Criteria. The following performance criteria shall apply to development within the subarea: a.

Individual or stand-alone buildings for anchor tenants in multitenant developments should be avoided. All buildings over 30,000 square feet in size should be either attached or in close proximity with other buildings forming a commercial center. Close proximity means that all buildings are connected by pedestrian access with no or limited intervening vehicular access or parking areas.

b.

The concept of pedestrian orientation and the conduct of regionally significant commerce shall guide all site design work. Pedestrian orientation shall include provisions for safe and visually attractive pedestrian

access within the project (between stores and from parking areas to the shopping facilities) and similar pedestrian integration with adjoining parcels.

c.

Pedestrian orientation shall be accomplished by the inclusion of pedestrian amenities such as development of attractive quasi-public outdoor spaces with features like decorative paving, landscape islands, seating areas, fountains, public art, and/or café and eating areas. In cases where adjoining parcels are not developed, provisions shall be made for future pedestrian and vehicular access that will ensure the desired pedestrian orientation area-wide.

d.

All pedestrian areas and parking areas should be designed to ensure safety through good visibility and adequate lighting. A minimum of 0.5 candle lighting level in parking and pedestrian areas shall be provided. e.

All buildings shall be of high-quality architectural design with all building elevations being attractively finished with varied building materials that reflect Union City architectural themes. Examples of such themes include tile roofs and earth-tone stucco finished walls with tile accents. In all cases, buildings within Union Landing shall be coordinated by architectural, lighting, sign and landscape design that attempts to integrate developments visually and physically with neighboring developments.

f.

Site improvements shall include significant landscaping and anticipate integration of parking, vehicular circulation, pedestrian access, signage, lighting, etc. with adjoining properties and uses. Parking areas shall be adequately landscaped to minimize adverse impacts of large asphalt areas on pedestrian comfort and the aesthetic appeal of the area.

g.

Large-scale, single-tenant retail buildings of over 100,000 square feet may be permitted only in subregional commercial developments provided that:

i.

The building is part of a larger project design that includes easily accessible retail stores and uses;

ii.

The project is designed to emphasize human scale and pedestrian orientation;

iii.

The building and the overall project is properly situated in terms of access, relationship to adjoining properties;

iv.

All of the performance standards for projects in the subregional commercial area shall be achieved with the proposed use.

h.

Standards of site area and dimensions, site coverage, heights of structures, distances between structures, off-street parking and loading, and landscaping shall in the aggregate be at least equivalent to the

standards prescribed by the regulations for the community commercial zoning district described in Chapter 18.36.

i.

Establishment of superstores shall be subject to the criteria outlined in the document entitled, "Policy Statement for Use Permit Review of Superstores."

j.

All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials. An existing enclosure shall be upgraded or a new enclosure shall be provided, where none currently exists, associated with the establishment of a new use, consistent with the provisions listed in Section 7.04.055(A) to accommodate anticipated demand for waste, recycling, and organics recycling as determined by the City's Recycling and Solid Waste Division. New or upgraded enclosure may be subject to the provisions listed in Chapter 18.72, Administrative Site Development Review.

k.

Building and site improvements shall be maintained consistent with applicable Site Development Review and/or Administrative Site Development review approvals. B.

Subregional Specialty Commercial Development (SRSC).

1.

Concept.

a.

Subregional specialty commercial developments shall provide a variety of specialized commercial uses which shall attract shoppers from a subregional market area, including from areas outside of the City. Subregional specialty commercial developments should provide a mix of retail uses in a development design that emphasizes pedestrian access, high-quality design and the promotion of subregional commerce. Such commerce may be created, in part, through the promotion of novel, unique, or uncommon products not normally found in local neighborhood commercial establishments. Single-use developments such as an indoor multiplex theater or hotel may also be considered under this development type provided that the project is located and designed in such a way as to complement adjacent pedestrian-oriented commercial development. Limited food, office, and service uses may be permitted.

b.

Subregional specialty commercial development shall occur adjacent to existing subregional specialty commercial developments or if none exist, than on either the eastern, central or southern portion of Union Landing.

2.

Performance Criteria. All performance criteria described for the subregional commercial development shall apply to subregional specialty commercial development, with the exception that large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted. C.

Community Commercial Development (CC).

1.

Concept. Community commercial development shall provide high-quality designed, pedestrian-oriented centers with uses serving the everyday needs of those who live or work in Union City. Such development should provide uses which complement rather than compete with other community centers in Union City. As a result, the City may favor services and retailers that would add to Union Landing's image as a premier regional or subregional center. Limited office and service uses may be permitted. Single-use developments such as an indoor multiplex theater or hotel may also be considered under this development type provided that the project is located and designed in such a way as to complement adjacent pedestrian-oriented commercial development. If community commercial development occurs on Union Landing, it shall be located on the property adjacent to the intersection of Dyer Street and Alvarado-Niles Road, and extend up to the east side of Union Landing Boulevard including the gas station parcel, the transit center parcel and the drive-through restaurant where it is central to the community and served by good arterial access.

Performance Criteria. All performance criteria described for the subregional commercial development shall apply to community commercial development, with the exception that large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted.

D.

Office Commercial Development (OC).

1.

Concept. Office Commercial development is intended to allow office buildings and hotels. Office development shall be located at the northwest corner of Alvarado-Niles Road and Union Landing Boulevard which will preserve the development opportunities for the regional, subregional and community commercial activity elsewhere in Union Landing.

2.

Performance Criteria. All performance criteria described for the subregional commercial development shall apply to commercial office development, with the following exceptions:

a.

Large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted; b.

Retail uses shall be located on the ground floor and shall have exterior entrances and store fronts to ensure adequate retail visibility without excessive signage.

(Ord. 509-97 § 2, 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007; Ord. 771-12 § 9, 2012; Ord. 887-21 § 3, 2021)

A.

All proposed projects shall be subject to site development review pursuant to Chapter 18.76 and shall demonstrate consistency with all of the applicable performance criteria in Section 18.39.030 and, where applicable, the use criteria included in Sections 18.39.040 and 18.39.050.

B.

Where a proposed building has had conceptual approval pursuant to subsection A of this section, the provisions of Chapter 18.72, Administrative Site Development Review, shall be met subject to the following requirements:

1.

The total amount of square footage of the conceptually approved building area is 45% or less of the entire building square footage of the previously approved site plan review application;

2.

Compliance with all the applicable performance criteria in Section 18.39.030;

3.

Demonstration of adequate parking for the building and overall development of the previously approved site plan review application;

4.

Demonstration that the circulation system of the previously approved site plan is maintained; 5.

The design and location of the building is consistent with concept identified in the previously approved site plan review application;

6.

The building is not intended for a conditionally permitted use; and

The Zoning Administrator shall notify the Planning Commission of any proposed administrative site development review in Union Landing prior to any action.

(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)

To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol "X" is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

litate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol "X" is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

**Supermarkets and food stores shall mean any store where 50% or more of the total floor area of the store is devoted to prepackaged food and grocery sales.

***A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.

(Ord. 509-97 § 2(1), 1997; Ord. 552-00 § 1, 2000; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006; Ord. 6880 § 2, 2007; Ord. 700-08 § 2, 2008; Ord. 730-10 § 2, 2010; Ord. 759-11 § 2, 2011; Ord. 761-11 § 6, 2011; Ord. 806-15 § 4, 2015; Ord. 807-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 880-20 § 2, 2020; Ord. 877-21 § 3, 2021; Ord. 912-23 § 4, 2023)

To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol "X" is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.

A.

Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

B.

Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

(Ord. 509-97 § 2(1), 1997; Ord. 552-00 § 1, 2000; Ord. 620-04 § 2, 2004; Ord. 643-05 § 2, 2005; Ord. 67006 § 3, 2006; Ord. 688-07 § 2, 2007; Ord. 700-08 § 2, 2008; Ord. 704-08 § 2, 2008; Ord. 722-09 § 2, 2009; Ord. 730-10 § 2, 2010; Ord. 736-10 § 1, 2010; Ord. 759-11 § 2, 2011; Ord. 807-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 887-21 § 3, 2021; Ord. 912-23 § 4, 2023)

Outdoor dining areas shall be subject to the requirements included in Section 18.36.190. (Ord. 887-21 § 3, 2021; Ord. 912-23 § 4, 2023)

The following uses are prohibited in Union Landing:

Adult businesses Check cashing businesses Clearance centers and dollar stores Convenience markets Laundromats Pawnshops Retail tobacco stores Second hand stores and thrift stores

(Ord. 643-05 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010)

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within 1,000 feet of "sensitive uses." Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the "sensitive use."

(Ord. 728-10 § 2, 2010)

Chapter 18.40 INDUSTRIAL DISTRICTS (§ 18.40.010 – § 18.40.090)

The industrial districts are as follows:

A.

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

B.

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

C.

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

(Ord. 915-23 § 4, 2023)

Table 18.40.020, Land Use Regulations—Industrial Districts, sets the land use regulations for the industrial districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this section, other requirements of the Union City Municipal Code, or other applicable regulations:

"P" designates permitted uses.

"AUP" designates uses that are permitted subject to approval of an administrative use permit (Chapter 18.54).

"UP" designates uses that are permitted subject to approval of a use permit (Chapter 18.56).

"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in Table 18.40.020 may be permitted. In making this determination, the findings required under Section 18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

similar to the uses in Table 18.40.020 may be permitted. In making this determination, the findings required under Section 18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.

(Ord. 915-23 § 4, 2023; Ord. 918-23, 10/24/2023)

A.

Accessory structures and uses customarily incidental to any of the permitted uses listed in Table 18.40.020 when located on the same lot are permitted.

B.

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

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

C.

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

D.

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

(Ord. 915-23 § 4, 2023)

A.

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

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

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

D.

All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.42.

E.

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

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

(Ord. 915-23 § 4, 2023)

A.

Table 18.40.050, Development Standards—Industrial Districts, prescribes the development standards for industrial districts.

(Ord. 915-23 § 4, 2023)

A.

Permitted obstructions in required yards:

1.

Roof overhangs as provided in Section 18.24.050.

Pedestrian paths.

3.

Street access driveways and associated curbing.

4.

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

5.

Signage in conformance with Chapter 18.30.

6.

Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another industrial or mixed-use employment district (i.e., MG, ML, MS, CMUE, SEE).

7.

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

8.

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

9.

Public art.

B.

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

C.

Wall and Fences.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

When explicitly permitted per Table 18.40.020, any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six feet or greater than 10 feet in height. No materials or equipment shall be stored to a height greater than that of the wall. 7.

The design of fences and walls shall aesthetically complement the development, be constructed of highquality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation. Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chainlink) fencing is prohibited.

D.

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

E.

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

F.

Landscaping.

1.

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

2.

Projects that include development of a vacant site or substantial modification of a developed site, shall

provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape inlieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process.

3.

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

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

1.

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

In instances where mechanical equipment is located on the building roof, roof top screening shall be

provided, which is integrated into the building architecture; and

3.

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

H.

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

1.

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

2.

Pedestrian pathways between buildings and parcels;

3.

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

4.

Orientation of outdoor public spaces towards activated ground-floor building frontages. (Ord. 915-23 § 4, 2023)

A.

Off-Street Parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:

1.

Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one parking space for each 300 square feet of the gross floor area for 25% of the building in addition to providing parking for the remaining 75% of the gross floor area consistent with the standards listed above. 2.

All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28. 3.

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

4.

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

5.

Truck trailer parking spaces shall have a minimum dimension of 12 feet by 55 feet when parked perpendicular and 12 feet by 65 feet when parked parallel.

a.

The number of truck trailer parking spaces required by this section may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least 10 years.

b.

The number of truck trailer parking spaces required by this section may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

6.

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

7.

Parking Structures.

a.

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

b.

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

c.

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

B.

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

1.

Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to

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

2.

Loading Berths. Loading berths shall be a minimum of 10 feet wide by 25 feet long. (Ord. 915-23 § 4, 2023)

A.

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

B.

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

C.

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

D.

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

(Ord. 915-23 § 4, 2023)

A.

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

1.

To minimize overall massing building elevation shall incorporate the following:

a.

Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and

b.

Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and

c.

Other elements as required by the decision maker.

2.

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

3.

Design entries so that they are clearly defined and distinguishable from the street. Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.

4.

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

B.

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

1.

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

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

Other metal;

4.

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

Brick, natural clay colors;

Stone;

7.

Pre-cast concrete, glass-fiber reinforced concrete;

High-quality, cast-in-place concrete; 9.

Ceramic tile; 10. Cement plaster; 11. Wood. (Ord. 915-23 § 4, 2023)

Chapter 18.41 MIXED-USE EMPLOYMENT DISTRICTS (§ 18.41.010 – § 18.41.100)

Note: Prior ordinance history: Ordinance 903-22 § 4, 2022.

The mixed-use employment districts are as follows:

A.

Station East Employment (SEE). The purpose of the SEE district is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-

public uses of an educational or recreational nature, can be established if it will support the City's economic development goals for the area.

B.

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

(Ord. 916-23 § 4, 2023)

Table 18.41.020, Land Use Regulations—Mixed-Use Employment Districts, sets the land use regulations for the mixed-use employment districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this section, other requirements of this code, or other applicable regulations:

"P" designates permitted uses.

"AUP" designates uses that are permitted subject to approval of an administrative use permit (Chapter 18.54).

"UP" designates uses that are permitted subject to approval of a use permit (Chapter 18.56).

"-" designates uses that are not allowed.

Any other use determined by the decision maker to be essentially the same or very similar to the uses in Table 18.41.020 may be permitted. In making this determination, the findings required under Section 18.52.060 shall be addressed. Land uses defined in this code and not listed in the table or not found to be substantially similar to the uses below are prohibited. All uses shall be conducted within a permanent building.

COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development

(Ord. 916-23 § 4, 2023)

Distribution, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited. (Ord. 916-23 § 4, 2023)

A.

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

B.

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

C.

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

(Ord. 916-23 § 4, 2023)

A.

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

B.

All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.

C.

All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055.

D.

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

All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.42. F.

Only one driveway per parcel shall be permitted for each street frontage except that additional driveways

may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.

G.

Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.41.100.

H.

Permitted or conditional uses shall not:

1.

Emit obnoxious, toxic or corrosive fumes or gases;

2.

Emit odors, heat or glare perceptible beyond property lines;

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

4.

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

5.

Produce physical vibration perceptible beyond property lines;

6.

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

7.

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

8.

Utilize diesel fuel powered equipment unless for standby emergency use only. (Ord. 916-23 § 4, 2023)

(Ord. 916-23 § 4, 2023)

A.

Permitted obstructions in required yards:

1.

Roof overhangs as provided in Section 18.24.050.

2.

Pedestrian paths.

3.

Street access driveways and associated curbing.

4.

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

5.

Signage in conformance with Chapter 18.30.

6.

Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another industrial or mixed-use employment district (i.e., MG, ML, MS, CMUE, SEE).

7.

Walls and fences subject to the provision under subsection C of this section.

8.

Landscaping and landscape features as provided for in subsection F of this section.

9.

Public art.

B.

Signs, Marquees, Awnings.

1.

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

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

C.

Walls and Fences.

1.

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

2.

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

3.

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

4.

In the required street side yard, the maximum height shall be three feet above the surface of the ground.

5.

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

6.

The design of fences and walls shall aesthetically complement the development, be constructed of highquality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the City prior to installation. Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular steel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chainlink) fencing is prohibited.

D.

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

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

F.

Landscaping.

1.

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

maintained for the life of the project including replacement of dead, dying or deficient landscaping. 2.

Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum 15% of the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process.

3.

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

G.

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

1.

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

2.

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

3.

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

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

1.

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

2.

Pedestrian pathways between buildings and parcels;

3.

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

4.

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

5.

Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080. (Ord. 916-23 § 4, 2023)

A.

In the SEE district, off-street parking shall be provided consistent with the following standards:

1.

Automobile parking areas shall not occupy more than 30% of the primary street frontage.

B.

In the CMUE district, off-street parking shall be provided consistent with the following standards:

C.

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

1.

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

2.

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

3.

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

4.

Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one parking space for each 300 square feet of the gross floor area for 25% of the building in addition to providing parking for the remaining 75% of the gross floor area consistent with the standards listed above. 5.

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

6.

Truck trailer parking spaces shall have a minimum dimension of 12 feet by 55 feet when parked perpendicular and 12 feet by 65 feet when parked parallel.

a.

The number of truck trailer parking spaces required by Section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least 10 years.

b.

The number of truck trailer parking spaces required by Section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.

7.

Parking Structures.

a.

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

b.

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

c.

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

D.

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

1.

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

2.

Loading Berths. Loading berths shall be a minimum of 10 feet wide by 25 feet long. 3.

In the SEE district, adequate loading zones shall be provided along the street frontage(s). (Ord. 916-23 § 4, 2023)

A.

In the SEE district, bicycle parking shall be provided consistent with the following standards:

B.

In the CMUE district, bicycle parking shall be provided consistent with the following standards:

C.

Bicycle parking shall be provided consistent with the following standards:

1.

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

2.

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

3.

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

(Ord. 916-23 § 4, 2023)

A.

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

1.

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

2.

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

3.

In the CMUE district, to minimize overall massing building elevation shall incorporate the following:

a.

Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials;

b.

Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and

c.

Other elements as required by the Director.

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

5.

Design entries so that they are clearly defined and distinguishable from the street. Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.

6.

A minimum of 50% of the building wall area located within 20 feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than 80% and external reflectance of less than 15%. Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows. B.

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

1.

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

2.

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

Other metal;

4.

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

5.

Brick, natural clay colors;

Stone;

Pre-cast concrete, glass-fiber reinforced concrete;

High-quality, cast-in-place concrete;

Ceramic tile; 10.

Cement plaster; 11.

Wood.

C.

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

1.

Minimum depth of commercial space is 35 feet and minimum height is 18 feet floor to floor.

A minimum of 25% of the ground floor commercial area shall be designed to accommodate a food service use.

3.

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

4.

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

5.

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

6.

The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:

a.

Sliding or removable windows/doors;

b.

Low planters with wide seat walls;

c.

Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;

d.

Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and

e.

Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

(Ord. 916-23 § 4, 2023)

Chapter 18.42 HAZARDOUS WASTE FACILITIES (§ 18.42.010 – § 18.42.150)

The purpose of this chapter is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. These standards, regulations and process are intended to be consistent with Article 8.7 of the California Health and Safety Code, applicable portions of the Alameda County Hazardous Waste Management Plan and the City General Plan.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

A.

The specific requirements of the ordinance codified in this chapter are applicable to the siting and development of off-site hazardous waste treatment, storage or transfer facilities. Off-site hazardous waste facilities mean those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at least two producers of hazardous wastes which are not located on the same property as the hazardous waste facility. Consistent with the Alameda County hazardous waste management plan, off-site hazardous waste facilities only include those facility types as defined by the plan for small-scale transfer and storage including hazardous waste collection facilities, and industrial transfer, storage and treatment facilities. B.

The off-site facility definition does not apply to: 1.

Transportable treatment units (TTUs) which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or 2.

Permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste. C.

Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City. D.

All such facilities (i.e., off-site, on-site, household hazardous waste collection and TTUs) shall obtain all necessary State licensing to install and operate.

E.

A conditional use permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made therefor which shall satisfy the same procedures and contents as those required in an initial application.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

Applications for hazardous waste facilities as defined by this chapter shall follow procedure specified by Article 8.7 of the State Health and Safety Code and Chapter 18.56 of the City zoning ordinance.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Economic and Community Development Department:

A.

A complete development case application signed by the property owner or its authorized representative; B.

A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council; C.

Any deposit for technical assistance pursuant to Section 25199.7(g) of the State Health and Safety Code; D.

A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 18.42.100;

E.

Information required for public meetings and hearings, as determined by the Director; F.

A scaled, fully-dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following:

1.

Physical dimensions of property and structures,

2.

Location of existing and proposed structures,

3.

Setbacks,

4.

Methods of circulation and location of truck routes,

5.

Ingress and egress,

6.

Utilization of property under the requested permit,

7.

The distance from the project property lines to the nearest residential structure,

Proximity of the project to one hundred year floodplain areas,

9.

Proximity of the project to any known earthquake fault zones, 10.

The relationship of the proposed project to all aboveground water supplies as well as known underground aquifers that could conceivably suffer contamination,

11.

Topographic description of the property and surrounding area, 12.

Existing and proposed utilities which service or will be needed to service the facility, 13.

Identification of surrounding zoning and land uses,

14.

Landscape plans showing theme and location of all landscape areas, 15.

Building elevations showing building height, exterior materials and architectural theme, and

16.

Other information as required by the Director;

G.

A preliminary geological study of the property and surrounding area which comprehends as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers;

H.

Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;

I.

Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility, the sources of these wastes, the ultimate disposition of the wastes, and the anticipated life of the facility. Information shall be provided on the amount, sources and types of hazardous wastes to be treated

based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility;

J.

A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the approval body reviewing the case; K.

A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the Bay Area Air Quality Management District (BAAQMD), Environmental Protection Agency (EPA), San Francisco Bay Regional Water Quality Control Board, etc.; L.

A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 18.42.070(C);

M.

Other information as required by the Director to demonstrate compliance with the facility siting criteria as outlined in Section 18.42.060.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

A.

The project shall be subject to environmental analysis according to the City's environmental guidelines pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000-21177; 15000-15387).

B.

The environmental analysis shall address, but not be limited to, the following:

1.

Describe at least two reasonable alternatives to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 15060(d));

An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures;

3.

An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area;

4.

A health and safety assessment that analyses in detail all probabilities of accidents or spills at the site, as well as transportation related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Alameda and, if applicable, Santa Clara Counties;

5.

An analysis of traffic impacts associated with the project and recommended mitigation measures;

An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area;

7.

Other information as required by the California Environmental Quality Act (CEQA).

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

The following siting criteria has been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of off-site hazardous waste facilities.

A.

Protect the Residents of Alameda County (and the City).

1.

Health and Safety Assessment. Industrial Facilities. Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment. A health and safety assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site and surrounding area. A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, State or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the health and safety assessment.

The health and safety assessment shall evaluate the potential impact of the proposed facility on existing and planned residences and immobile populations, at minimum, the buffer area prescribed by the Alameda County Hazardous Waste Management Plan. For purposes of this chapter, areas within the Station Mixed Use Commercial (CSMU) district shall be considered residential. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operations practices. The justification for any reduction in buffer areas of the facility from residential areas or immobile populations below that prescribed by the Alameda County hazardous waste management plan will be identified. The assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The assessment will detail credible potential accidents, including the distance over which effects would carry, a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with on-site trained personnel and equipment. Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.

Small-Scale Transfer and Storage Facilities. Small-scale transfer and storage facilities may be required to provide a health and safety assessment to address all or part of the items identified above, as determined by the Director.

Distance from Populations. All Facilities. Facilities shall comply with local minimum zoning code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required health and safety assessment.

B.

Ensure the Structural Stability of the Facility.

1.

Floodplains. All Facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility. Facilities may be located in areas subject to 100 year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent undulation or washout.

2.

Earthquakes. All Facilities. Facilities must have a minimum 200 foot setback from active or recently active earthquake faults, per the California Administrative Code (CAC), Title 22, Section 6391(a)(f11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility. Refer to the "Earthquake Fault Zone" map located in City Hall.

3.

Unstable Soils. All Facilities. Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions.

C.

Protect Surface and Groundwater Quality.

1.

Groundwater. All Facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability.

Facilities are encouraged to locate outside of known or suspected principal recharge areas to regional aquifers as defined in local or State plans and areas of permeable strata and soils as defined by the Alameda County hazardous waste management plan. Facilities may locate in these areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment facilities must provide secondary containment and shall be sited, designed and operated to ensure that hazardous materials will always be twenty feet (20) above the tension-saturated zone unless approved by the Alameda County Water District.

increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment facilities must provide secondary containment and shall be sited, designed and operated to ensure that hazardous materials will always be twenty feet (20) above the tension-saturated zone unless approved by the Alameda County Water District.

Facilities are also encouraged to locate outside of areas where groundwater is within 20 feet of the natural land surface. Facilities may locate in these areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment operation is prohibited.

Industrial Facilities. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe without them through the health and safety assessment. An ongoing groundwater monitoring program should be developed in consultation with local, State and water district representatives.

2.

Surface Water Quality. All Facilities. Developers shall comply with the requirements of the Alameda Countywide clean water program.

3.

Wastewater. All Facilities. Facilities generating wastewater should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, State and local sewering agency discharge requirements, and the facility must obtain a valid industrial wastewater discharge permit. D.

Protect Air Quality.

1.

Air Quality Nonattainment and PSD Areas. All Facilities. Facilities may be sited in nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the Bay Area Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility.

E.

Protect Environmentally Sensitive Areas.

1.

Wetlands. All Facilities. Facilities are prohibited from locating in wetlands such as saltwater, freshwater and brackish marshes, swamps and bogs, as defined in local regional and State plans and policies (generally, areas inundated by surface water or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).

2.

Animal and Plant Habitats. All Facilities. Facilities are prohibited from locating within critical habitats of endangered species, defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as endangered or threatened by the U.S. Department of Interior or the State of California.

3.

Prime Agricultural Lands. All Facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.

4.

Recreational, Cultural and Aesthetic Resources. Small-Scale Transfer and Storage Facilities. Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, State or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas.

Industrial Facilities. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies.

5.

Mineral Resource Areas. All Facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the

extraction of the mineral deposit would be precluded.

F.

Ensure Safe Transportation of Hazardous Waste.

1.

Proximity to Waste Generation Areas. All Facilities. Facilities shall locate in light industrial and general industrial districts at locations close to sources of hazardous waste generation to minimize the risks of transportation.

2.

Proximity and Access to Major Routes. All Facilities. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy

vehicles. Travel routes from facilities to major transportation routes shall be on industrial streets, accessible to designated truck routes, not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.

G.

Protect the Social and Economic Goals of the Community.

1.

Consistency with General Plan and Zoning. All Facilities. Facilities must be consistent with local planning policies, including the City General Plan and zoning title.

Fiscal Impact. All Facilities. A facility's fiscal impact to the City must be demonstrated.

3.

Socioeconomic Impacts. All Facilities. The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility.

4.

Proximity to Public Services. All Facilities. Facilities shall be served by necessary public services including but not necessarily limited to sewer, water, electricity, gas and telephone. The site shall be located within a three minute response time from the nearest fire station.

5.

Consistency with Alameda County Hazardous Waste Management Plan. All Facilities. Facilities shall be consistent with the goals and policies of the Alameda County Hazardous Waste Management Plan, and

must demonstrate compliance with the siting criteria established by this chapter. Facilities shall be consistent with the fair-share principal, and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste

management needs of Alameda County, or to meet the County's broader regional commitments under an interjurisdictional agreement.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

A.

General Conditions. The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility in order to achieve the purposes of this chapter and the general plan and to protect the health, safety and general welfare of the community.

B.

Safety and Security.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.

2.

The operator shall provide a 24 hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.

3.

An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm) shall be constructed to completely surround the facility.

4.

All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger – Hazardous Waste Area – Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish and any language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger – Hazardous Waste Area – Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

C.

Contingency Plan.

1.

The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions or unplanned release of hazardous waste to air, soil or surface water. The plan shall be carried out immediately whenever a fire, explosion or unplanned release occurs.

2.

The contingency plan shall include:

a.

The actions employees must take in response to a fire, explosion, unplanned release of hazardous waste;

b.

Arrangements agreed to by local emergency response officials;

c.

The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan; d.

A listing of all emergency equipment at the facility, including its location and an outline of its capabilities; e.

An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes.

Facility emergency coordinator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

a.

In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate State or local emergency response agencies.

b.

In the event of a fire, explosion or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect, to human health or the environment that may result from the emergency.

c.

If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as per subsection (C)(3)(d) and (e) of this section.

d.

If evacuation is necessary, local officials shall be so notified.

e.

The emergency coordinator shall, in every situation, notify the State Office of Emergency Services, the City Environmental Programs and the Fire Department providing the following information:

i.

Name and telephone of person reporting;

ii.

Name and address of facility;

iii.

Time and type of incident;

iv.

Name and quantity of material(s) involved;

v.

Extent of injuries; and

vi.

Possible hazard to human health and the environment outside facility.

f.

During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions and releases do not occur or spread, including such measures as:

i.

Stopping operations;

ii.

Collecting and containing released waste; and

iii.

Removing or isolating containers.

g.

If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-up, gas generation or ruptures in valves, pipes or other equipment as appropriate.

h.

Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.

i.

i.

Other activities required of the emergency coordinator after an emergency are:

(i)

No wastes incompatible with the released material is handled until cleanup is completed; and

(ii)

Emergency equipment is cleaned and ready for use before operations are resumed.

4.

Owner/operator responsibilities shall be identified in the contingency plan to include, at minimum, the following:

a.

Notify the State Department of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area;

b.

Record the time, date and details of any incident which requires implementing the contingency plan;

c.

Within 15 calendar days submit a written report on the incident to the State Department of Health Services. The report shall include:

i.

Name, address and telephone number of owner/operator,

ii.

Name, address and telephone number of the facility, iii.

Date, time and type of incident,

iv.

Name and quantity of materials involved,

v.

Extent of injuries,

vi.

Assessment of actual or potential hazards to human health or the environment, where applicable, and vii.

An estimate of the quantity of material recovered and its disposition;

d.

A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to City Environmental Programs Division, Fremont City Fire Department, surrounding hospitals, Alameda County Health Care Agency, and other regulatory agencies as deemed appropriate;

e.

The contingency plan shall be reviewed and amended when any of the following occur: i.

The facility permit is revised, ii.

Applicable regulations are revised,

iii.

The plan fails in an emergency,

iv.

Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste,

v.

The list of emergency coordinators changes,

vi.

The list of emergency equipment changes.

D.

Monitoring.

1.

Upon reasonable notice, the City, its designated representatives, or representatives of other agencies, may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.

2.

The holder of a conditional use permit for a hazardous waste facility shall report quarterly to the City the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials.

3.

All structures shall remain accessible for inspection purposes.

E.

Closure Plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan, and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at the end of this intended operating life. The closure plan shall include at least:

1.

A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility;

2.

An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility;

3.

A description of the steps needed to decontaminate facility equipment during closure;

4.

An estimate of the expected year of closure and a schedule for final closure. The schedule shall include, at a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure.

The owner or operator may amend his or her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change in operating plans or facility design, a modification of the closure plan shall be requested at the same time;

The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project, the nature and type of reclamation, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site;

6.

The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance, per Section 18.42.070(F) below. F.

Financial Responsibility. The owner/operator shall show proof of liability insurance as follows:

1.

The types, amounts, periods of coverage and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance.

All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

2.

Additionally, coverage will be provided for workers' compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.

3.

An irrevocable trust will be established to provide funds for closure of the site and its long-term postclosure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and type of hazardous wastes and a percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the City. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. Applicants shall provide a bond in an amount to be determined by the City for purposes of closure of the site.

4.

The owner/operator shall defend, indemnify and hold harmless the City, its officers, agents, servants and employees, from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

A.

Pursuant to Section 25199.7(d) of the State Health and Safety Code, the City Council shall appoint a sevenmember Local Assessment Committee (LAC). The membership, responsibilities and duties shall be consistent with the provisions of Section 25199.7 of the State Health and Safety Code. The LAC shall cease to exist after the final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed.

B.

The City Council shall provide staff resources to assist the LAC in performing its duties (requirement of Section 25199.7(d)(3) of the California Health and Safety Code).

C.

If the LAC and the applicant cannot resolve any differences through the meetings specified by State law, Office of Permit Assistance (OPA) may assist in this resolution pursuant to Section 25199.4 of the California Health and Safety Code (requirement of Section 25199.7(h) of the California Health and Safety Code). (Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

Hearings and public notices shall be consistent with the applicable requirements of Article 8.7 of Chapter 6.5 in Division 20 of the State Health and Safety Code and Chapter 18.56, Use Permits, of this title.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

In order for the Planning Commission to approve a hazardous waste facility application, the Commission must act on this application prior to approving a conditional use permit for a hazardous waste facility. The Planning Commission shall find that:

A.

The project is consistent with the City's General Plan and zoning title. B.

The project is not detrimental to the public health, safety or general welfare of the community. C.

The project site is or will be adequately served by roads and other public or private service facilities. D.

The project is consistent with the regional fair-share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan.

E.

The project complies with the facility siting criteria per Section 18.42.060.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

An applicant or an interested person may file an appeal of a land use decision made by the City to the Governor's Appeal Board within 30 calendar days after the date the City takes final action on the land use decision pursuant to California Health and Safety Code Section 25199.9 Procedures for filing an appeal are outlined in Section 25199.14 of the California Health and Safety Code.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

A.

A conditional use permit granted for an off-site hazardous waste facility shall be exercised within two years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of seven years; otherwise, the permit shall be null and void. The term "exercised" means the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion. B.

Permit review and renewal shall be determined at the time of approval and shall not exceed five years. (Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

Household hazardous waste collection facilities which meet the requirements of Article 10.8 of Chapter 6.5 in Division 20 of the State Health and Safety Code shall meet the requirements of this chapter provided that the Director may exempt informational or analysis requirements of Sections 18.42.040, 18.42.060 and 18.42.070 where the data are determined to be nonessential for the approval of the permit. (Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

Where conflicts in standards and requirements may exist between this chapter and Chapter 18.40, Industrial Districts, the provisions of this chapter shall take precedence. (Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this chapter shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this chapter which are declared as severable and shall be interpreted to carry out the intent hereunder.

(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)

Chapter 18.43 USE OF HAZARDOUS MATERIALS (§ 18.43.010 – § 18.43.050)

Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety, property or the environment. The hazard potential of a substance is based on its chemical properties, on

the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials. (Ord. 915-23 § 4, 2023)

The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050. (Ord. 915-23 § 4, 2023)

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

A.

Group A representing those materials that pose a higher risk;

B.

Group B representing those materials that pose a more moderate risk; and C.

Group C representing those materials that pose the least risk to health, safety, or property.

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

(Ord. 915-23 § 4, 2023)

Bulk Plant (BP).

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

Bulk Distribution Plant (BD).

Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are

transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.

Large User Site (LU).

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

Large Storage Plant (LS).

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

Medium User Site (MU).

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

Medium Storage Plant (MS).

Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. Onsite storage of hazardous materials is between 25,000 to 200,000 pounds for solids, 2,750 to 20,000 gallons for liquids, and 10,000 to 80,000 cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

Small User Site (SU).

Hazardous materials at a small user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials

which then may be used on site or shipped out. On-site storage of hazardous materials does not exceed 25,000 pounds for solids, 2,750 gallons for liquids, and 10,000 cubic feet at STP for compressed gases. Small Storage Plant (SS).

Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed 25,000 pounds for solids, 2,750 gallons for liquids, and 10,000 cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.

(Ord. 915-23 § 4, 2023)

(Ord. 915-23 § 4, 2023)

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

Notes:

(Ord. 915-23 § 4, 2023)

Chapter 18.44 PLANNED UNIT DEVELOPMENT (PUD) (§ 18.44.010 – § 18.44.060)

In certain instances the purposes of the zoning title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by this title. A planned unit development may include a combination of different dwelling types and/or a variety of land uses which complement each other and harmonize with existing and proposed land uses in the vicinity. In order to provide locations for well-planned developments which conform with the purposes of the zoning title although they deviate in certain respects from the zoning map and the district regulations, the Planning Commission is empowered to grant permits for planned unit developments, subject to review and approval by the City Council, provided the developments comply with the regulations prescribed in this chapter.

(Ord. 55-64 § 9.0, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)

A.

A planned unit development may be located in any R district or the 511 Area district upon the granting of a permit in accordance with the provisions of this chapter. B.

A permit may also be granted for a planned unit development in the CC, Community Commercial and CS, Specialty Commercial districts for mixed-use (residential and commercial) uses, within the Old Alvarado area (boundaries of which are defined in the Old Alvarado Design guidelines) and along the Mission Boulevard corridor (between Decoto Road and the Hayward City limits), when located above ground floor commercial uses.

C.

A permit may also be granted for an industrial planned unit development in an industrial zoning district, including condominium conversion of existing buildings and new industrial condominium projects.

D.

A permit may also be granted for a planned unit development creating individual parcels for ownership purposes for attached multifamily dwellings in a multifamily subdivision. (Ord. 55-64 § 9.1, 1964; Ord. 55.286-87 § 2 Exh. A § 2, 1987; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 837-17 § 4, 2017)

A planned unit development shall include only uses permitted either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located.

(Ord. 55-64 § 9.2, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)

The minimum site area for a planned unit development shall be one acre, except that-planned unity developments for mixed-use (residential and commercial) projects located in the CC, Community Commercial and CS, Specialty Commercial districts within Old Alvarado and the Mission Boulevard neighborhoods and industrial planned unit development projects shall be allowed when minimum site area standards for the district in which the planned unity development is located are met.

(Ord. 55-64 § 9.3, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 712-08 § 2, 2008)

A.

Standards of site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, off-street parking and off-street loading facilities and landscape

areas shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the district in which the planned unit development is located.

B.

The average population density per net acre in that portion of a planned unit devoted to residential use shall not exceed the maximum population density prescribed by the site area regulations or the site area per dwelling unit regulations for the district in which the planned unit development is located, subject to the exception that the average population density per net acre may exceed the maximum population density prescribed for the district by not more than 10% in a planned unit development on a site of 20 acres or more.

C.

The average population density for a planned unit, mixed-use (residential and commercial) development located in the CC, Community Commercial and CS, Specialty Commercial districts within Old Alvarado and the Mission Boulevard neighborhoods shall be based on the maximum density allowed by the RM 1500 district standard.

D.

In calculating population density per net acre, all streets shall be excluded.

E.

Standards prescribed by the regulations for the district in which a multifamily subdivision is located shall be applied on a project-wide basis and not to individual parcels created for ownership purposes. (Ord. 55-64 § 9.4, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 837-17 § 4, 2017) The regulations prescribed in Chapter 18.52 shall control the procedure for making application for a permit for a planned unit development, the public hearing, the investigation and report, the action by the Planning Commission, the appeal to the City Council or the review by the City Council, the action of the Council, and the expiration or revocation of a permit, and shall control new applications and permits to run with the land, subject to the following exceptions:

A.

In lieu of the drawing of the site prescribed in Section 18.56.030, the application shall be accompanied by a development plan of the entire planned unit development, drawn to scale and showing provisions for drainage of surface waters; watercourses; railroad and public utility rights-of-way; streets; driveways; pedestrian walks; off-street parking and off-street loading facilities; reservations for public uses, including parks, playgrounds and other open spaces; private uses, including dwelling types, lot layout; locations and heights of structures; and landscaped areas.

B.

In addition to the data and drawings prescribed in Chapter 18.52, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

C.

The Planning Commission may grant a permit for a planned unit development as the permit was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes the following findings:

1.

That the proposed location of the planned unit development is in accord with the objectives of the zoning title and the purposes of the district in which the site is located;

That the proposed location of the planned unit development 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;

3.

That the standards of population density, site acres and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, off-street parking and off-street loading facilities and landscaped areas will produce an environment of stable and desirable character consistent with the objectives of the zoning title;

4.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, and off-street parking and off-street loading facilities will be such that the development will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities;

5.

That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity. D.

If the City Council reverses a decision of the Planning Commission denying a permit for a planned unit development or modifies a decision of the Planning Commission granting a permit for a planned unit development, the findings of the City Council shall be as set forth in subsection (C) of this section. (Ord. 55-64 § 9.5, 1964; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006)

Chapter 18.48 AGRICULTURAL (A) DISTRICT (§ 18.48.010 – § 18.48.080)

The agricultural district is included in the zoning title to preserve lands best suited for agriculture use from encroachment of incompatible uses, to preserve in agriculture use land suited to eventual development in other uses, to prevent premature development of certain lands, including lands within the "flood plain," which will eventually be appropriated for urban uses, until the installation of streets, drainage

improvements, utilities and community facilities makes orderly development feasible and possible. Change of zoning district from agriculture to any other zoning district shall only be made in general accord with the General Plan.

(Ord. 55-64 § 10.1, 1964; Ord. 670-06 § 3, 2006)

"Agriculture"

means the use of the land for agricultural proposes including farming, dairying, pasturage agriculture, apiaries, nurseries, horticultural, floricultural, viticulture and animal poultry husbandry, and the necessary accessory uses for packing, processing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and, provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.

(Ord. 55-64 § 10.0, 1964; Ord. 670-06 § 3, 2006)

The following are the principal permitted uses in an A district:

A.

Agriculture, except when in an A district designated for future residential use in the General Plan, in which event the following agricultural uses—Dairying and animal and poultry husbandry, and guest ranches— shall be conditional uses;

B.

Ranch and farm dwellings appurtenant to a principal agricultural use;

C.

Riding academies and public stables, except when located in an A district designated for future residential use in the General Plan, in which event said principal permitted uses shall be conditional uses. (Ord. 55-64 § 10.2, 1964; Ord. 55.264-85 § 5, 1985; Ord. 670-06 § 3, 2006) The following are accessory uses in the A district:

A.

Living quarters of persons, regularly employed on the premises but not including labor camps and labor dwellings, accommodations, or areas for transient labor;

B.

Guest houses, not rented or otherwise conducted as a business;

C.

Home occupations and professional offices in home;

D.

Offices incidental and necessary to the conduct of a permitted use;

E.

Private garages, parking areas and stables;

F.

Roadside stands not exceeding 400 square feet in floor area, for the sale of agricultural products grown on the premises;

G.

Name plates and nonilluminated signs not to exceed 20 square feet in area appurtenant to any permitted use;

H.

Other accessory uses and buildings customarily appurtenant to a permitted use.

(Ord. 55-64 § 10.3, 1964; Ord. 670-06 § 3, 2006)

The following uses may be permitted upon the granting of an administrative use permit pursuant to the procedures under Chapter 18.54:

A.

Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots;

B.

Any permitted or accessory use that requires a Certified Unified Program Agency (CUPA) hazardous materials permit from the Environmental Programs Division.

(Ord. 772-12 § 1, 2012; Ord. 810-15 § 4, 2015)

The following are conditional uses in an A district:

A.

Private noncommercial recreation areas, uses and facilities, including country clubs, swimming pools and golf courses;

B.

Kennels;

C.

Commercial animal feed and sales yards, commercial agricultural processing plants, fertilizer plants and yard;

D.

Quarters, accommodations of areas for transient labor, such as labor cabins or camps;

E.

Outdoor theaters (not including drive-in theaters), golf driving ranges, commercial swimming pools and other similar commercial recreation facilities, but not including such facilities in which the principal use is enclosed in a building such as bowling alleys and skating rinks. Incidental to such open recreational uses, there may also be permitted hotels, restaurants and similar commercial facilities when the same are located on a minimum 20 acre site under single ownership; provided, that the total floor area of all enclosed

ation facilities, but not including such facilities in which the principal use is enclosed in a building such as bowling alleys and skating rinks. Incidental to such open recreational uses, there may also be permitted hotels, restaurants and similar commercial facilities when the same are located on a minimum 20 acre site under single ownership; provided, that the total floor area of all enclosed

structures and roof areas upon the total site shall not exceed 40,000 square feet. No permit shall be issued pursuant to this subsection unless the Commission makes a finding that the proposed use will be compatible within the ultimate use classification as shown on the General Plan;

F.

Commercial mines, quarries and gravel pits;

G.

Private airports and landing strips;

H.

Drive-in theaters, except at locations designated for future residential use or development in the General Plan;

I.

Establishment of bingo games;

J.

Open storage uses, including recreational vehicles, except at locations designated for future residential use or development in the General Plan; provided, that the storage area be screened by a decorative wall or landscaped security fence, such wall or fence not to exceed 10 feet in height.

(Ord. 55-64 § 10.4, 1964; Ord. 55.246-82 § 2, 1982; Ord. 55.264-85 § 6, 1985; Ord. 376-91 § 2 (Exh. A), 1992; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010)

No structure shall exceed either two and one-half (2.5) stories or 30 feet in height.

(Ord. 55-64 § 10.5, 1964; Ord. 670-06 § 3, 2006)

The following minimum requirements shall be observed, except where increased for conditional uses:

A.

Lot size: Twenty acres;

B.

Lot width: Three hundred feet;

C.

Front yard: Twenty-five feet;

D.

Side yards: Each side 15 feet;

E.

Rear yard: Twenty-five feet. (Ord. 55-64 § 10.6, 1964; Ord. 670-06 § 3, 2006) The following additional conditions shall apply in an A district:

A.

Any building or enclosure in which animals or fowl, except domestic pets in household numbers, are contained shall be distant at least 200 feet from any lot in any R or C district, or from any school or institution for human care;

B.

Site plan and architectural approval are required of all conditional uses;

C.

The minimum lot area per dwelling unit shall be not less than two and one-half (2.5) acres, except as herein specified for labor camps;

D.

Other provisions of this chapter notwithstanding, all storage, handling or other uses of hazardous materials shall be subject to the provisions of Article IV of Chapter 18.42.

(Ord. 55-64 § 10.7, 1964; Ord. 55.280-86 § 3, 1986; amended during 1990 republication; Ord. 670-06 § 3, 2006)

Chapter 18.50 CIVIC FACILITIES (CF) DISTRICT (§ 18.50.010 – § 18.50.040)

The purpose and intent of the civic facilities (CF) district is to provide a procedure for orderly establishment of public and quasi-public uses, expansion of their operations, or change in the use of lands owned by government and public agencies. The regulations set out in Sections 18.50.020 through 18.50.040 shall apply in the CF district.

(Ord. 55.264-85 § 7, 1985; Ord. 376-91 § 2 (Exh. A), 1992; Ord. 670-06 § 3, 2006)

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. (Ord. 55.264-85 § 7, 1985; Ord. 376-91 § 2 (Exh. A), 1992; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 2026-002, 1/27/2026)

The following are conditional uses in the CF District:

A.

Approval by the Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

1.

Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

B.

Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

1.

Recycling centers;

2.

Sewage treatment plants;

3.

Transportation facilities such as heliports and bus terminals.

(Ord. 55.264-85 § 7, 1985; Ord. 376-91 § 2 (Exh. A), 1992; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 900-22 § 4, 2022)

A.

Off-Street Parking and Loading. As prescribed in the relevant sections of the Union City zoning title. B.

Signs. As prescribed in Chapter 18.30.

C.

Landscaping and Screening. As prescribed in the Union City Landscape Standards Policy Statement. D.

Accessory Structures:

1.

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

2.

No detached accessory structure or structures shall occupy more than 30% of the area of a required rear yard.

3.

No detached accessory structures located in a required rear yard shall exceed 12 feet in height. E.

Review Procedures. As described in Chapters 18.72 and 18.76.

(Ord. 55.264-85 § 7, 1985; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 900-22 § 4, 2022; Ord. 90322 § 4, 2022)

Chapter 18.51 PRIVATE INSTITUTIONAL (PI) DISTRICT (§ 18.51.010 – § 18.51.040)

The purpose and intent of the private institutional (PI) district is to provide appropriate locations for private institutional uses within the City, which would include, but not be limited to, churches, cemeteries, private educational facilities, private nonprofit and service organizations, and continuing care retirement communities. The regulations set out in Sections 18.51.020 through 18.51.040 shall apply in the PI district. Also applying to the private institutional district are regulations set forth in other chapters of this title, as follows: Chapter 18.08, Definitions; Chapter 18.28, Off-Street Parking and Loading; Chapter 18.30, Sign Regulations; Chapter 18.32, Residential Districts; Chapter 18.36, Commercial Districts; Chapter 18.52, Administration; Chapter 18.56, Use Permits; and Chapter 18.76, Site Development Review.

(Ord. 604-03 § 2, 2003; Ord. 670-06 § 3, 2006)

Emergency Shelters. In addition to the development standards in the underlying zoning district, the following standards shall apply to the establishment of emergency shelters. In the event of a conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided for in the Municipal Code.

A.

Facility shall comply with applicable Federal, State and local licensing standards and requirements for any program incidental to the emergency shelter.

B.

Facility shall comply with applicable State and local uniform housing and building code requirements. C.

On-site management shall be provided at all times.

D.

On-site security shall be provided during all hours when the shelter is open.

E.

Exterior lighting shall be provided on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

F.

Secure areas for personal property shall be provided.

G.

Emergency shelters shall not exceed 20 beds.

H.

The maximum term for people staying at an emergency shelter is six months in a consecutive 12-month period.

I.

A minimum of one parking space for each six beds at maximum capacity, plus one parking space for each two employees shall be provided.

J.

A facility management plan shall be submitted by the operator of the emergency shelter and approved by the Economic and Community Development Department prior to establishment of the use that addresses: management experience, good neighbor issues, transportation, client supervision, client services, and food

services. The plan shall include a floor plan that demonstrates compliance with the physical standards of this section. The operator of the emergency shelter shall submit a statement, on an annual basis (measured from the date of the original establishment of the use), that the facility is operating in compliance with the approved management plan, or shall submit an updated management plan, for review and approval by the Economic and Community Development Department, that reflects any changes from the approved version. The City Council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

(Ord. 796-14 § 2, 2014)

The following use may be permitted upon the granting of an administrative use permit pursuant to the procedures under Chapter 18.54:

Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots.

(Ord. 772-12 § 1, 2012)

The following conditional uses shall be permitted upon the granting of a use permit:

A.

Faith-based facilities, such as churches, temples and mosques and ancillary uses such as educational facilities associated with the primary use;

B.

Crematories when in association with a cemetery;

C.

Cemeteries, including funeral homes, mausoleums and columbariums;

D.

Parsonages, parish houses, monasteries and convents; E.

Parochial and private nonprofit clubs, lodges, and social/service organizations;

F.

Philanthropic and charitable institutions;

G.

Private community care facilities and continuing care retirement facilities, rest homes and hospitals;

H.

Private schools and educational activities, including pre-schools;

I.

Any other use determined by the Planning Commission to be essentially the same or very similar to the above uses. In making this determination, the findings under Section 18.52.060, Addition of uses, shall be addressed.

(Ord. 604-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 796-14 § 2, 2014)

A.

Lot Coverage. The maximum site area covered by structures shall be 60%.

B.

Site Area. A minimum site area of not less than 15,000 square feet shall be required.

C.

Height Limit. The maximum height limit shall be 35 feet. This height limit may be increased to a maximum of 50 feet subject to a use permit. Before the approval of any structure which exceeds 35 feet, the Planning Commission must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area.

D.

Yard Setbacks. The following setback requirements shall apply:

1.

A minimum front yard setback of 20 feet is required. For structures which exceed 35 feet in height, the required setback shall be a minimum of 25 feet. No front yard setback is required along Mission Boulevard in Decoto or along Smith Street in Old Alvarado.

2.

A minimum side yard setback of 10 feet is required. When the side property line of a site adjoins property in a residential district, a side yard of not less than 20 feet adjoining the residential district shall be required. On the street side of a corner site, a side yard of not less than 10 feet shall be required.

3.

A minimum rear yard of 10 feet is required. When the rear property line of a site adjoins property in a residential district, a rear yard of not less than 20 feet adjoining the residential district shall be required.

4.

One foot shall be added at ground level to each required interior side yard and rear yard for each three feet of height where the structure exceeds 12 feet.

E.

Walls, Fences. When a site adjoins a district other than a private institutional district, a solid wall or fence, six feet in height, may be required on the site along the property line adjoining the nonprivate institutional district. A maximum height of eight feet may be allowed if approved through the site development review or use permit process. A wall or fence located in a required front yard or street side yard setback shall not exceed three feet in height.

(Ord. 604-03 § 2, 2003; Ord. 670-06 § 3, 2006)

A.

Off-Street Automobile and Bicycle Parking. As prescribed in Chapter 18.28, Off-Street Parking and Loading, and Section 18.32.160, Off-street parking (residential districts), and Sections 18.36.150, Off-street parking, and 18.36.160, Joint use of parking spaces (commercial districts).

B.

Signs. As prescribed in the Chapter 18.30, Sign Regulations, under Section 18.30.080, District regulations. C.

Landscaping and Screening.

1.

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

2.

Replacement of dead, dying or deficient landscaping shall be required for establishment of new uses or modification of existing uses.

3.

Projects, that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum of 15% of the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule.

D.

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

Chapter 18.56, Use Permits. Accessory structures must conform to the following standards:

1.

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

2.

No detached accessory structure or structures shall occupy more than 30% of the area of a required rear yard.

3.

No detached accessory structures located in a required rear yard shall exceed 12 feet in height. E.

Review Procedures. As described in Chapters 18.56, Use Permits, and 18.76, Site Development Review. F.

Design Criteria. All structures shall be architecturally designed to be compatible with the surrounding area and careful attention must be given to the scale, bulk and massing of structures in order to maintain and enhance the character and livability of the area. Particular emphasis shall be placed on the design and articulation on all building elevations and walls, windows, roof type, treatments and materials.

G.

Final location of a private institutional use on the Caltrans property on Alvarado-Niles Road can be modified as part of a development plan. Land for private institutional uses in the Horner/Veasy Streets area of Old Alvarado shall be identified through City Council adopted policy statements. The minimum acreage that must be maintained for institutional uses within these specific areas is as follows: Caltrans Properties-Alvarado-Niles Road: five acres.

Horner/Veasy Streets-Old Alvarado: five acres.

H.

All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials.

(Ord. 604-03 § 2, 2003; Ord. 670-06 § 3, 2006; Ord. 683-07 § 12, 2007; Ord. 712-08 § 2, 2008; Ord. 768-12 § 2, 2012; Ord. 771-12 § 11, 2012)

Chapter 18.52 ADMINISTRATION (§ 18.52.010 – § 18.52.090)

A.

The administration of this title is vested in offices of the City as follows:

1.

The office of the Economic and Community Development Director ("Director");

2.

The City Planning Commission.

B.

This chapter shall set forth the duties and authority of the above mentioned offices and then shall describe the procedures and substantive standards with respect to the following functions:

1.

Issuance of zoning permits;

Use permits; 3.

Variance permits;

4. Amendments;

Preliminary review;

Appeals; 7.

Fees;

8. Penalties.

C.

Plans.

1.

Professional Preparation. A licensed or registered architect, licensed land surveyor, registered civil engineer

or registered landscape architect shall prepare all plans (including plats, surveys, and scale drawings) which accompany applications for use permits, variances, site development review and amendments to the zoning title.

2.

Exceptions. The Director or designee may waive the requirement for professional preparation of plans if he or she determines that non-professional preparation is adequate to present the information required to be shown on such plans.

(Ord. 55-64 § 11.0, 1964; Ord. 55.36-68 § 2, 1968; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006; Ord. 883-21 § 4, 2021)

There is created the Office of Economic and Community Development Director. The Economic and Community Development Director ("Director") shall be executive head of this office. The Director shall be the person appointed by the City Manager to administer the zoning title.

(Ord. 55-64 § 11.1(A), 1964; Ord. 55.112-73 § 2, 1973; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

The Director shall enforce this title, and in addition he or she shall do all of the following:

A.

Issue all zoning permits, and make and maintain records thereof; B.

Maintain permanent and current records of the zoning title, including but not limited to, all maps, amendments, zoning applications, and records of hearings thereon;

C.

Perform the duties and functions prescribed in the Municipal Code and in Government Code Section 65103 relating to Planning Agency functions;

D.

Receive, review and prepare appropriate reports and forward zoning applications for recommendation or decision pursuant to this title to the Zoning Administrator or Planning Commission as further set forth in this title;

E.

Provide such clerical and technical assistance as may be required by the City Planning Commission in the exercise of its duties;

F.

Review and decide on interpretations and permits for which the Director is identified in this title as the decision maker;

G.

Review and decide on applications for lot line adjustments as provided in Chapter 17.23 of the Municipal Code and consistent with State law;

H.

Function as a Zoning Administrator.

(Ord. 55-64 § 11.1(B), 1964; Ord. 55.273-86 § 1, 1986; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

The Chief Building Official shall conduct inspection of buildings, structures and uses of land to determine compliance with the terms of this zoning title.

(Ord. 55-64 § 11.1(B), 1964; Ord. 55.273-86 § 1, 1986; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

The City Planning Commission is vested with the following jurisdiction and authority:

A.

To review and recommend on proposed amendments to this title in accordance with Chapter 18.64;

B.

To initiate, direct and review, from time to time, a study of the provisions of this title, and to make reports of its findings and recommendations to the City Council at least annually;

C.

To review and decide on permits and appeals for which the Planning Commission is identified in this title as the decision maker.

(Ord. 55-64 § 11.2, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 523-98 § 2(D), 1998; Ord. 670-06 § 3, 2006)

Except as hereinafter provided, no permit or business license pertaining to the use of land or buildings shall be issued by an officer, department or employee of this City unless the application for such permit has

been examined by the Office of the Director and it has been indicated thereon that the proposed use of land, building or structure complies with all the provisions of this title.

Any permit or business license issued in conflict with the provisions of this title shall be null and void.

Every application for a building permit shall be accompanied by:

A.

A certificate of survey in triplicate of the piece or parcel of land, lot, lots, blocks or block, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a registered civil engineer or registered land surveyor as a true copy of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the registered or recorded plot of such land; and B.

cate of survey in triplicate of the piece or parcel of land, lot, lots, blocks or block, or parts or portions thereof, drawn to scale showing the actual dimensions and certified by a registered civil engineer or registered land surveyor as a true copy of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the registered or recorded plot of such land; and B.

A plat, in duplicate, drawn to scale in such form as may, from time to time, be prescribed by the Director, showing the ground area, height and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building or structure or land, and such other information as may be required by the Director for the proper enforcement of this title.

One copy of each of the two plats shall be attached to the application for a building permit when it is submitted to the Director for a zoning permit and shall be retained by the Director as a public record.

(Ord. 55-64 § 11.3, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

A.

In districts where additional uses are being considered pursuant to this section, the following findings shall be made:

1.

That the use will be an appropriate addition to the list of uses because the use has the same basic characteristics as the uses in the district;

2.

That the use reasonably can be expected to conform with the required conditions prescribed for the district;

That the use will not be detrimental to the public health, safety or welfare;

That the use will not adversely affect the character of any district in which it is proposed;

That the use will not create more vehicular or rail traffic than the volume normally created by any of the uses allowed in the district;

That the use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the uses allowed in the district;

7.

That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses allowed in the district.

B.

When a use has been added to a list of uses in accordance with the findings above and any other applicable procedure, the use shall be listed as a use in the appropriate chapter and shall be added to the text of that chapter of this title when it is next published, with a notation of the date when the use was added to the list.

(Ord. 55-64 § 11.4, 1964; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006; Ord. 887-21 § 3, 2021) All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.

(Ord. 55-64 § 11.8, 1964; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

The Economic and Community Development Director ("Director") shall be the official responsible for the enforcement of this title. In the discharge of this duty the Director or his/her agents shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Director may serve notice requiring the removal of any structure or use in violation of this title on the owner

or his/her authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Director may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title and the City Attorney is hereby authorized to institute appropriate actions to that end. The Director may call upon appropriate City officials and staff to assist in the enforcement of this title.

(Ord. 55-64 § 11.9, 1964; amended during 1990 republication; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

When a public hearing is required by this title, notice shall be given as follows: A.

Timing. Notice shall be given at least 10 calendar days before the date of the scheduled public hearing. B.

Contents. The notice shall include but not be limited to the following:

Date, time and place of the public hearing;

2.

Name of hearing body or officer;

3.

A general explanation of the matter to be considered;

4.

A general description, in text or by diagram, of the location of the real property that is the subject of the hearing.

C.

Method of Notice.

1.

Mailed Notice. Notice of the hearing shall be mailed or delivered to the following:

a.

Owner/Applicant. The property owner and/or the owner's authorized agent and the applicant; b.

Local Agencies. Each local agency expected to provide water, sewage disposal, streets, roads, schools or

other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

c.

Written Request. Any person who has filed a written request for notice with the City Clerk or Director and has paid the fee required for such notice;

d.

Owners of Property Within Three hundred Feet. Owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by California Government Code Section 65091(a)(3).

2.

Publication. Notice of the hearing shall be published in a newspaper of general circulation within the City. 3.

Posting. As an alternative to publication for use permits, variances and site development review permits, notice of the hearing may be posted in at least three public places within the City, including one public place in the area directly affected by the project.

Additional Notice. The Director may provide any additional notice that he or she determines necessary or desirable.

D.

Notice for Appeals, Proposed Revocation or Modification of Decisions. Hearings on appeals, proposed revocation or modifications of Director, Zoning Administrator or Planning Commission decisions shall be noticed in the same manner as the original decision unless otherwise provided in this title. E.

Drive-Through Facilities. Where the public hearing involves the adoption or amendment of policies or ordinances affecting drive-through facilities, notice shall be provided to the blind, aged and disabled communities.

F.

Combined CEQA Notice. CEQA notice of a public review and comment period for draft environmental documents may be combined with the notice of public hearing under this chapter. G.

Failure to Receive Notice. The failure of any person to receive notice required by this section shall not affect the authority of the decision maker to render a decision.

(Ord. 670-06 § 3, 2006)

When public notice is required for a Zoning Administrator permit decision by this title, but no public hearing is required, notice that the Zoning Administrator is considering a decision shall be given as follows: A.

Timing. Notice shall be given at least 10 calendar days before the date of the Zoning Administrator consideration.

B.

Contents. The notice shall include but not be limited to the following:

1.

Date the application will be considered for decision;

2.

A general explanation of the proposed project;

3.

A general description, in text or by diagram, of the location of the proposed project. C.

Method of Notice. Notice shall be mailed to the applicant and to each adjacent property owner and occupant. For the purposes of this chapter, "adjacent" means any property sharing any common line, corner or point with the subject property. Properties which are directly across the street are also considered adjacent.

(Ord. 670-06 § 3, 2006)

A.

Applicability. Where the California Department of Alcoholic Beverage Control (ABC) has denied an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, a finding of public convenience or necessity (FOPCN) for alcohol beverage sales, in compliance with this section, is required. The following requirements are intended to comply with the requirements of the State of California Business and Professions Code Section 23958.4. B.

an application for the sale of alcoholic beverages based on an undue concentration of licenses or law enforcement criteria, a finding of public convenience or necessity (FOPCN) for alcohol beverage sales, in compliance with this section, is required. The following requirements are intended to comply with the requirements of the State of California Business and Professions Code Section 23958.4. B.

Finding of Public Convenience or Necessity (FOPCN). When the California Department of Alcoholic Beverage Control (ABC) denies an application for the sale of alcoholic beverages based upon an undue concentration of licenses or law enforcement criteria, pursuant to the State of California Business and Professions Code Section 23958.4, the Department may issue a license if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, which is the Economic and Community Development Director, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.

All of the following findings are required for a determination that public convenience or necessity would be served by the license issuance:

1.

That the proposed location of the use is in accord with the purposes of this title and the purposes of the district in which the site is located;

2.

That the proposed location of the 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;

3.

That the proposed use is consistent with the general plan and any applicable specific plans and will comply with each of the applicable provisions of this title.

C.

Noticing. Public notice is required for a determination by the Economic and Community Development Director, that public convenience or necessity would be served by the license issuance. Notice that the Economic and Community Development Director is considering a decision shall be given as follows:

1.

Notice shall be given at least 10 calendar days before the date of the Director consideration. 2.

Notice shall be mailed to the applicant and to each adjacent property owner and occupant. For the purposes of this chapter, "adjacent" means any property sharing any common line, corner or point with the subject property. Properties which are directly across the street are also considered adjacent.

D.

Appeal. The Director's decision is final unless appealed as provided in Section 18.52.085 of this chapter. (Ord. 901-22 § 4, 2022)

A.

Request. Upon written request by any person, the Director may interpret the requirements of this title. B.

Decision. The Director shall ensure the interpretation is consistent with the General Plan and the purpose and intent of this title. The Director shall issue a written decision making the interpretation within 10 calendar days after the request is filed and shall mail notice of the decision by certified mail, return receipt requested, to the person who made the request. The decision is final unless appealed as provided in subsection C of this section.

C.

Appeal. Any person affected by the decision may appeal to the Planning Commission by filing a written appeal with the City Clerk. Any appeal shall be filed within 10 calendar days after the date of the Director's decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.

D.

Appeal Hearing. The Planning Commission shall consider the appeal within 25 calendar days after the appeal is filed. Notice of the Planning Commission consideration shall be provided to the appellant and to the person who requested the interpretation, if he or she is not the appellant, at least 10 calendar days before the consideration; public notice is not required. The Planning Commission may continue the matter from time to time.

E.

Planning Commission Decision. The Planning Commission may affirm, modify or reverse the decision in whole or in part. The Planning Commission may also refer the matter to the Director for further review and report back to the Commission.

(Ord. 670-06 § 3, 2006)

A.

Decision. The Director may approve, disapprove or conditionally approve applications for permits for which he or she is the decision maker.

B.

Procedure. Procedures for decisions by the Director and the appeal of such decisions shall be the same as provided in Section 18.52.087 below for Zoning Administrator decision and appeals. (Ord. 670-06 § 3, 2006)

A.

Decision. The Zoning Administrator may approve, disapprove or conditionally approve applications for permits for which he or she is the decision maker and shall record the decision. The decision shall set forth any findings and required conditions of approval. The Zoning Administrator decision is final unless appealed as provided in subsection B of this section.

1.

Mailed Notice of Decision. Within two working days following the decision, the Zoning Administrator shall provide written notice of the decision to the owner and/or applicant, by certified mail, return receipt requested, at the address shown on the application.

2.

Posted Notice of Decision. Within two working days following the decision, the Zoning Administrator notice of decision shall be posted in a conspicuous place at City Hall.

B.

Appeals. Zoning Administrator decisions may be appealed to the Planning Commission. Any such appeal shall be filed in accordance with the following procedures:

1.

Who May Appeal. Appeals may be filed by anyone affected by the decision.

2.

Appeal Period. Any appeal shall be filed within 10 calendar days after the date of the Zoning Administrator decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.

3.

Form of Appeal. An appeal shall be filed in writing with the City Clerk. The appeal shall clearly and concisely state the extent of the appeal, the reason and grounds for the appeal, and shall include any information required by the Director. The appeal shall be accompanied by the filing fee established by the City Council.

Effect of Appeal. Once an appeal has been filed, the decision being appealed shall not be effective until the decision by the Planning Commission on the appeal is made.

5.

Public Hearing. The Planning Commission shall consider the appeal at a public hearing within 25 calendar days after the appeal is filed. Notice of the public hearing shall be provided pursuant to Section 18.52.082. The hearing may be continued from time to time. The appellant shall provide a notice address list on mailing labels for the City to use in providing mailed notice of the public hearing.

6.

Decision on the Appeal. Following the public hearing, the Planning Commission may affirm, affirm in part, reverse or modify the decision being appealed based upon findings of fact particular to the matter. The Planning Commission may adopt additional conditions of approval as the facts warrant. The findings of fact shall identify the reasons for the decision on the appeal and shall include any other findings necessary to ensure compliance with the provisions of this title. The Planning Commission may also refer the matter to the Zoning Administrator for further review and report back to the Commission.

7.

Appeal of Planning Commission Decision. The Planning Commission decision may be appealed to the City Council. Any such appeals shall be filed as provided in Section 18.52.088(C).

(Ord. 670-06 § 3, 2006)

A.

Decision. The Planning Commission may approve, disapprove or conditionally approve applications for permits for which it is the decision maker and shall record its decision. The decision shall set forth any findings and required conditions of approval. The Planning Commission decision is final unless appealed as provided in subsection C of this section.

1.

Notice of Decision. Following the decision, the Planning Commission shall provide written notice of the decision to the owner and/or applicant at the address shown on the application, and to the City Council within two City working days.

2.

Notice to Persons Who Request. Following the decision, the Planning Commission shall provide written notice of the decision to any person who has submitted a written request for such notice.

B.

Recommendation. For applications in which the Planning Commission makes a recommendation, the Planning Commission shall transmit its recommendations in writing to the City Council for final decision.

C.

Appeals. Decisions of the Planning Commission may be appealed to the City Council in accordance with the following procedures.

1.

Who May Appeal. Appeals may be filed by:

a.

Anyone affected by the decision;

b.

City Council Members. A member of the City Council may appeal a decision of the Planning Commission. If an appeal is made by a Council Member, there shall be a presumption applied that the reason for the appeal is that the appealed decision may have significant and material effects on the quality of life within the City of Union City. Notwithstanding Section 18.52.088(C)(3), no other reason need be or shall be stated

by the Council Member in his/her written appeal. No inference of bias shall be made because of such an appeal.

2.

Appeal Period. Any appeal shall be filed within 10 calendar days of the Planning Commission decision. If the last day for appeal is not a City Hall working day, the appeal period shall extend to the next City Hall working day. Appeals filed beyond the appeal period shall not be accepted.

3.

Form of Appeal. An appeal shall be filed in writing with the City Clerk. Except for City Council Member appeals, the appeal shall clearly and concisely state the extent of the appeal, the reason and grounds for the appeal, and shall include any information required by the Director. Except for City Council Member appeals, the appeal shall be accompanied by the filing fee established by the City Council.

4.

Effect of Appeal. Once an appeal has been filed, the decision being appealed shall not be effective until the decision by the City Council on the appeal.

5.

Public Hearing. The City Council shall consider the appeal at a public hearing conducted within 25 calendar days after the appeal is filed; the hearing may be continued from time to time. The public hearing shall be noticed in the same manner as would be required for the decision being appealed. The appellant shall provide a notice address list on mailing labels for the City to use in providing mailed notice of the public hearing.

6.

City Council Review. The Director shall prepare a report on the appeal. The City Council shall consider, but shall not be limited by, the grounds set forth in the appeal. If significant new evidence, including substantial changes in the application or project that is the subject of the appeal, is presented to the City Council for review, the Council may return the matter to the Planning Commission for further consideration and a decision.

7.

Decision on the Appeal. Following the public hearing, the City Council may affirm, affirm in part, reverse or modify the decision being appealed based upon findings of fact particular to the matter. The City Council may adopt additional conditions of approval as the facts warrant. The findings of fact shall identify the reasons for the decision on the appeal and shall include any other findings necessary to ensure compliance with the provisions of this title.

(Ord. 670-06 § 3, 2006)

Formal rules of evidence or procedure required for the conduct of judicial proceedings shall not be required for the conduct of proceedings under this title.

No decision, inaction or recommendation regarding any zoning matter by the City Council, the Planning Commission, or the Director or his/her designee shall be held void or invalid on the ground of the improper admission or rejection of evidence, or by reason of any irregularity, informality, neglect or omission (hereinafter called "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals or any matter of procedure whatever, including, but not limited to, those included in this chapter unless after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial and that by reason of such error the party complaining sustained or suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done by the mere showing of error.

(Ord. 55.112-73 § 5, 1973; Ord. 492-96 § 3, 1996; Ord. 670-06 § 3, 2006)

Chapter 18.53 PRELIMINARY REVIEW (§ 18.53.010 – § 18.53.050)

The purpose of preliminary review is to enable applicants and project sponsors to receive direction and initial feedback on proposed projects. The review allows the City to address project issues and provide feedback at the earliest point in the development review process. No entitlements or approvals are

provided or guaranteed via the preliminary review process nor does this preclude the City from bringing up additional issues when a project is formerly submitted.

(Ord. 883-21 § 4, 2021)

Preliminary review is required for all projects that require discretionary approval, except for wireless projects. The Zoning Administrator may exempt a project from preliminary review at their discretion. (Ord. 883-21 § 4, 2021)

A.

A preliminary review application shall be submitted on a form prescribed by the Director, which shall include the following:

1.

Name and address of the applicant;

2.

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

3.

Address or APN of the property;

4.

A detailed project description indicating what uses, activities, operations, property improvements, designs, and development are proposed.

B.

The application shall be accompanied by the materials listed on the Planning Division's preliminary review submittal checklist:

C.

The application shall be accompanied by a fee in an amount established by resolution of the City Council. (Ord. 883-21 § 4, 2021)

A.

The application shall be reviewed by the City's internal Development Review Committee and preliminary feedback shall be provided in writing. Based on comments provided, applicants shall either revise and submit materials for another round of preliminary review or submit for formal review. B.

Preliminary review comments are subject to change if the Planning Division determines that applicable building codes, local or State laws, or surrounding neighborhood conditions have changed, if significant new information related to the project becomes available, or if it is determined that the feedback provided is not factually correct.

C.

The preliminary review process established by this chapter is separate and distinct from a preliminary application submitted pursuant to Government Code Section 65941.1

(Ord. 883-21 § 4, 2021)

A new application including all submittal requirements and fees is required if more than 180 days have passed since the date of the final comment letter and the applicant(s) and/or project sponsor(s) have not submitted an application and paid all applicable fees for the required discretionary review. (Ord. 883-21 § 4, 2021)

Chapter 18.54 ADMINISTRATIVE USE PERMIT (§ 18.54.010 – § 18.54.140)

The purpose of administrative use permit is to enable the Zoning Administrator to evaluate and approve minor projects and to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

For the purposes of this chapter, the following words and phrases are defined:

"Adjacent property"

means property that shares a common lot line, corner or point with the subject property. For the purpose of providing notice as required by this chapter, properties which are directly across the street are also considered adjacent.

"Administrative or engineering controls"

means items which are proposed as part of a hazardous materials facility to minimize or mitigate associated risks. An example of an administrative control would include limiting the amount of hazardous material stored or used on site. An example of an engineering control would include structural or physical improvements made on site (i.e., secondary containment, area separation, storage cabinets, air or waste water treatment systems, etc.).

"Compliance history"

refers to the ability of a proposed business to demonstrate continued compliance with applicable laws and regulations. Demonstrated compliance would apply to business currently located within Union City and/or located within another community. In researching the compliance history, Union City will evaluate associated, subsidiary, satellite or chain operations affiliated with the applicant.

"Cumulative impact"

refers to two or more individual effects which, when considered together, are considerable or which compound or increase other impacts. Cumulative impacts occur when the impacts of one project are added to other closely related past, present, and reasonable foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.

"Emergency response capabilities"

refers to the ability of emergency service agencies (including, but not limited to, facility specific Fire or Police services) to respond to calls for service. This shall also include evaluation of an emergency response plan and employee training and monitoring, which must be coordinated with the affected emergency service agencies.

"Public/sensitive receptors"

refers to off-site facilities which are inhabited or occupied by a concentrated population of patrons, students, clients or patients (including, but not limited to, residences, schools, daycares, long-term care facilities, hospitals, office buildings, parks or recreational areas) and which could be exposed to toxic concentrations, radiant heat, or overpressure as a result of an accidental release. Proposed hazardous materials facilities will be evaluated in terms of appropriateness of proximity to public/sensitive receptors. (Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

The administrative use permit procedure shall apply to the following types of projects:

A.

In the single-family residential districts, large family day care homes which are an accessory use within a home which regularly provides care, protection, and supervision of nine to 14 children, inclusive of children under the age of 10 years who reside at the home, for periods of less than 24 hours per day, while the parents or guardians are away, and is licensed for such use by the State Department of Community Care Licensing.

B.

Uses as specified in the zoning district regulations.

C.

In the commercial and industrial districts, temporary outdoor commercial events consisting of the outdoor promotional display or sale of merchandise customarily sold on the premises by a permanently established business. Also included in this category are multiple vendor events such as arts and crafts fairs, holiday boutiques, and the like, when held on the premises of a developed commercial or industrial site. Such events shall include the display of goods typically sold on the site of the event. This category is not intended to apply to activities conducted by nonprofit or charitable institutions in the City nor is it intended to permit the placement of individual vendor operations such as hot dog carts, produce trucks, and the like. Events included within this category shall comply with the provisions of the administrative use permit procedures and shall comply with the following regulatory conditions and parameters:

1.

These events shall be conducted on private property located in commercial or industrial zones with the written approval of the property owner. Verification of the property owner's approval shall be submitted along with the application for administrative use permit.

2.

These events shall be conducted on the site of developed commercial or industrial projects and shall not be permitted on vacant parcels.

3.

Events permitted within this definition shall have maximum duration of five consecutive days.

4.

At least five calendar days prior to the event, the applicant shall submit a five hundred dollar ($500.00) deposit to the City to ensure adequate cleanup of the site following termination of the event. 5.

The applicant shall submit a site plan as part of this application to the Economic and Community Development Department detailing the parking provision for the event, ingress and egress routes, and adequate emergency vehicle access as deemed appropriate by the City.

6.

The design, placement and construction of any temporary structures to be erected on the site of the event shall be subject to the review and approval of the City. If necessary, detailed structural and electrical

drawings shall be submitted to the Building Department for review and approval prior to the erection of any structures on the site.

7.

The applicant shall submit a detailed statement of use at the time of application filing to the Economic and Community Development Department which includes a description of the event and the types of activities to be held or goods to be sold on the site, the hours and days of the event, the number and the types of vendors participating, and any additional information deemed necessary by the Director.

8.

Any signs or outdoor advertising structures erected to promote an event shall be in accordance with the regulations specified in Chapter 18.30 of this title.

9.

Additional conditions regulating the conduct of the event may be placed on an application approved by the Zoning Administrator if deemed necessary to ensure the orderly and safe conduct of the event and to mitigate potential nuisances emanating from the event.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

If the Zoning Administrator determines that any of the following conditions exist, the application shall be reviewed by the Planning Commission pursuant to the provisions of Chapter 18.56, Use Permits, rather than this chapter.

A.

In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.54.020.

B.

The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).

C.

In the opinion of the Zoning Administrator the proposed project is or will be a matter of public interest or controversy. In making this determination for a hazardous materials facility, the Zoning Administrator shall consider, but not be limited to, the following:

1.

Quantity, type and compatibility of hazardous materials;

2.

Availability and implementation of administrative or engineering controls to minimize or mitigate risk;

Proximity to public/sensitive receptors;

4.

Surrounding population density;

5.

Identified hazards of a type of business;

6.

Compliance history;

7.

Emergency response capability;

8.

Local groundwater conditions; or

Any other local community issues.

D.

In the opinion of the Zoning Administrator the proposed project may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, or any other impact which is a matter of public concern or controversy.

E.

The project does not clearly fall within a designated category for which administrative use permit is allowed. F.

The applicant may, at his/her discretion, make application for use permit pursuant to the provisions of Chapter 18.56.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

A.

An application for administrative use permit shall be made to the Zoning Administrator on a form prescribed by the Director which shall include the following data:

1.

Name and address of the applicant;

2.

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

3.

Address or description of the property;

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of an administrative use permit prescribed in this chapter.

B.

The application shall be accompanied by the following items:

1.

A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application. Applicants proposing the establishment of a large family day care home shall submit a mailing list on mailing labels of all property owners within 100 feet of the proposed home;

2.

An accurate scale drawing of the site showing existing and proposed locations of streets, utilities and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.

C.

The applications shall be accompanied by a fee in an amount established by resolution of the City Council. If an administrative use permit application is accompanied by items related to an administrative site development review application, only the administrative use permit fee shall be filed.

D.

All applications for administrative use permits shall be filed with the Zoning Administrator for review and approval or disapproval prior to the issuance of building permits.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

A.

The Zoning Administrator shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform fully to the regulations for the district as set

forth in this chapter.

B.

The Zoning Administrator may refer the application to other departments of the City, and any other public agency or district, for review and comment on conformance with the intent and regulations of the applicable district.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

The Zoning Administrator shall provide public notice pursuant to Section 18.52.083 that a decision is being considered on the application.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006) A.

All of the following findings are required for approval of an administrative use permit:

1.

That the proposed location of the conditional use is in accord with the purposes of this title and the purposes of the district in which the site is located;

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;

3.

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

B.

In the case of large family day care proposals, the Zoning Administrator shall approve the proposal if upon review, the Zoning Administrator is able to find that:

1.

The proposal will not result in an over-concentration of such uses within the immediate vicinity;

2.

The proposal will not result in significant adverse traffic, parking or noise impacts on the surrounding neighborhood;

3.

The proposal is consistent with the criteria established by the policy statement for administrative use permit review of large family daycare homes.

C.

An administrative use permit may be revocable, may be granted for a limited time period, and may be granted subject to such conditions as are necessary to support the above findings.

D.

The above findings are also required for any approval on appeal, or approval of a modification to an administrative use permit.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

The Zoning Administrator may approve, conditionally approve or disapprove applications for an

administrative use permit. Decisions of the Zoning Administrator and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.087.

(Ord. 670-06 § 3, 2006)

An administrative use permit approval shall be valid for one year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of one year the

use has been established or a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the administrative use permit application. The phrase "construction is commenced" shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including, but not necessarily limited to, the inspection of installed footings, reinforced steel, utility, plumbing and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006) A.

An administrative use permit approval may be extended one time for an additional period of time not to exceed one year. Such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the administrative use permit approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of an administrative use permit approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.

B.

Upon expiration of the administrative use permit extension, the approval shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new administrative use permit application shall be required prior to establishing the use on site.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

A.

Grounds for Revocation. An administrative use permit may be revoked due to noncompliance with one or more conditions.

B.

Public Hearing Required. The decision maker on the original administrative use permit approval shall hold a public hearing on any proposed revocation. Notice of the hearing shall be given pursuant to Section 18.52.082.

C.

Decision. The decision maker on the original administrative use permit approval may revoke the use permit or take such action as may be necessary to assure compliance with the condition or conditions. D.

Planning Commission Appeal. Any Zoning Administrator decision in regard to the revocation may be appealed to the Planning Commission in accordance with the procedures of Section 18.52.087(B).

E.

City Council Appeal. Any Planning Commission decision in regard to the revocation may be appealed to the City Council in accordance with the procedures of Section 18.52.088(C).

(Ord. 670-06 § 3, 2006)

Following the denial of an administrative use permit application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one year from the date of denial of the application.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006)

An administrative use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the administrative use permit application, as long as the approved activity is continued. However, should the activity approved by the administrative use permit be discontinued for a consecutive period of six months, the administrative use permit shall be deemed to be expired and shall become null and void, with the exception of seasonal sales lots. Upon expiration, further continuation of the activity on site will require approval of a new administrative use permit application.

(Ord. 513-98 Exh. A-3, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

Chapter 18.56 USE PERMITS (§ 18.56.010 – § 18.56.130)

Note: Prior ordinance history: Ordinances 55-64 § 11.5, 55.313-90 § 2, 55.3250-92 § 2 (Exh. A) and 492-96 § 3.

This chapter provides procedures for reviewing unique land uses that are not clearly permitted or clearly prohibited in particular districts. Because of their unusual characteristics, conditional uses, including related structures and improvements, require special consideration so that they may be located properly and compatibly with respect to the objectives of the zoning title and with respect to their effects on surrounding properties and uses.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

Use permits, except for those that require City Council approval in the CSMU (Station Mixed Use Commercial) district, may be issued by the Planning Commission for such conditional uses in such districts as are prescribed in the district regulations of this title, in accordance with the procedure prescribed in this chapter.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A.

An application for a use permit shall be made to the Planning Commission on a form prescribed by the Director which shall include the following data:

1.

Name and address of the applicant;

2.

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

3.

Address or description of the property;

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a use permit prescribed in this chapter.

B.

The application shall be accompanied by the following items:

1.

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines and the names and last known addresses of the legal owners of record and/or occupants of all properties shown on the drawing;

An accurate scale drawing of the site showing existing and proposed locations of streets, utilities and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas;

3.

A mailing list on mailing labels of the legal owners of record and occupants of all properties at least 300 feet from each boundary of the site.

C.

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

The application shall be filed with the Director.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

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

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A.

All of the following findings are required for approval of a use permit:

1.

That the proposed location of the conditional use is in accord with the purposes of this title and the purposes of the district in which the site is located;

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;

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 this title.

B.

A use permit may be revocable, may be granted for a limited time period, and may be granted subject to such conditions as are necessary to support the above findings.

C.

The above findings are also required for any approval on appeal, or approval of a modification to a use permit.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A.

Use Permits Generally. The Planning Commission may approve, conditionally approve or disapprove use permit applications, except for any use permit in the CSMU district. Planning Commission decisions and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088. B.

Use Permits in the CSMU District. The Planning Commission shall review use permit applications in the CSMU district at a public hearing pursuant to Section 18.52.082 and shall forward a recommendation of

approval, conditional approval or denial to the City Council. The City Council may approve, conditionally approve or disapprove the application.

C.

Concurrent Processing. When a use permit is required for a project that is also subject to a site development review, zoning ordinance amendment, specific plan, specific plan amendment, or General Plan amendment, the permit shall be approved, conditionally approved, or denied by the same decisionmaker as for those decisions. In these instances, the Planning Commission shall review the permit at a public hearing as required by Section 18.56.050 for use permits and shall forward a recommendation of approval, conditional approval or denial to the City Council.

(Ord. 670-06 § 3, 2006)

A use permit approval shall be valid for one year following the date on which the use permit became effective. The approval shall become null and void unless prior to the expiration of one year the use has been established on the site or a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. The phrase, "construction is commenced" shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A.

A use permit approval may be extended administratively one time for an additional period of time not to exceed one year. In addition, a use permit approval may be extended administratively for a second additional period of time not to exceed one year if the corresponding site development review has also been extended pursuant to Section 18.76.105 of this Code. Each such request for administrative extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the use permit

approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a use permit approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved. B.

Upon expiration of the administrative extension for a use permit approval, the approval shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new use permit application shall be required prior to establishing the use on-site.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006; Ord. 861-19 § 3, 2019)

A.

Grounds for Revocation. A use permit may be revoked due to noncompliance with one or more conditions. B.

Public Hearing Required. The decision maker on the original use permit approval shall hold a public hearing on any proposed revocation. Notice of the hearing shall be given pursuant to Section 18.52.082. C.

Decision. The decision maker on the original use permit approval may revoke the use permit or take such action as may be necessary to assure compliance with the condition or conditions. D.

City Council Appeal. Any Planning Commission decision in regard to the revocation may be appealed to the City Council in accordance with the procedures of Section 18.52.088(C).

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. However, should the activity approved by the use permit be discontinued for a consecutive period of six months, the use permit shall be deemed to be expired and shall become null and void. Upon expiration, further continuation of the activity on-site will require approval of a new use permit application. (Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

A.

A conditional use established prior to enactment of this title shall be permitted to continue. B.

Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted upon the granting of a use permit. However, a use permit shall not be required for accessory structures and uses located on the same site as a preexisting conditional use.

C.

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance codified in this chapter if the structure is destroyed by fire or other calamity or by act of God or by the public enemy to a greater extent than 50%.

D.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of

duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Inspector.

(Ord. 513-98 Exh. A-4, 1998; Ord. 670-06 § 3, 2006)

Chapter 18.60 VARIANCE PERMITS (§ 18.60.010 – § 18.60.110)

The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the purposes of the zoning title as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use

regulations because the flexibility necessary to avoid results inconsistent with the purposes of the zoning title is provided by the conditional use provisions of this title.

(Ord. 55-64 § 11.6(A), 1964; Ord. 670-06 § 3, 2006)

Variances may be granted to the regulations prescribed by this title with respect to fences and walls, site area, width, frontage, depth, coverage, front yard, rear yard, side yards, height of structures, distances between structures, off-street parking facilities and off-street loading facilities, in accordance with the procedure prescribed in this chapter.

(Ord. 55-64 § 11.6(B), 1964; Ord. 670-06 § 3, 2006)

A.

An application for a variance shall be made to the Planning Commission on a form prescribed by the Director, which shall include the following data:

1.

Name and address of the applicant;

2.

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

3.

Address or description of the property;

4.

Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the purposes of the zoning title which would result from a strict or literal interpretation and enforcement of a specified regulation of this title, together with any other data pertinent to the findings for granting a variance, prescribed in Section 18.60.060.

B.

The application shall be accompanied by the following items:

1.

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines and the names and last known addresses of the legal owners of record and/or occupants of all properties shown on the drawing;

2.

An accurate scale drawing of the site showing existing and proposed locations of streets, utilities and drainage facilities, property lines, uses, structures, driveways, pedestrian walks, off-street parking and offstreet loading facilities and landscaped areas;

3.

A mailing list on mailing labels of the legal owners of record and occupants of all properties at least 300 feet from each boundary of the site.

C.

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

The application shall be filed with the Director.

(Ord. 55-64 § 11.6(C), 1964; Ord. 670-06 § 3, 2006)

The Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission.

(Ord. 55-64 § 11.6(D), 1964; Ord. 670-06 § 3, 2006)

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

(Ord. 55-64 § 11.6(E), 1964; Ord. 670-06 § 3, 2006)

A.

Variance Permits Generally. All of the following findings are required for any approval of a variance permit:

1.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the purposes of the zoning title;

2.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties classified in the same zoning district;

3.

That the exceptional or extraordinary circumstances or conditions do not result from actions of the applicant;

4.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;

5.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district;

6.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

B.

Off-street Parking or Loading Variances. In addition to the findings in subsection A of this section, the following findings are required for approval of a variance to a regulation prescribed by this title with respect to off-street parking facilities or off-street loading facilities:

1.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation;

2.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;

3.

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the purposes of the zoning title.

C.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as are necessary to support the above findings.

D.

The above findings are also required for any approval on appeal, or approval of a modification to a variance permit.

(Ord. 55-64 § 11.6(F), 1964; Ord. 55. 111-73 § 2, 1973; Ord. 670-06 § 3, 2006)

A.

Variance Permits Generally. The Planning Commission may approve, conditionally approve or disapprove variance permit applications. Planning Commission decisions and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.

B.

Concurrent Processing. When a variance permit is required for a project that is also subject to a site development review, zoning ordinance amendment, specific plan, specific plan amendment or General Plan amendment, the permit shall be approved, conditionally approved, or denied by the same decisionmaker as for those decisions. In these instances, the Planning Commission shall review the permit at a public hearing as required by Section 18.60.050 for variances and shall forward a recommendation of approval, conditional approval or denial to the City Council.

(Ord. 670-06 § 3, 2006)

A variance shall be valid for one year following the date on which the variance became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the variance application. The phrase, "construction is commenced" shall be defined to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.

(Ord. 55-64 § 11.6(K), 1964; Ord. 55.325-92 § 2 (Exh. A (part)), 1992; Ord. 670-06 § 3, 2006)

A variance may be renewed for an additional period of time not to exceed one year provided that prior to the expiration of one year from the date when the variance permit originally became effective an application for renewal is made to the Commission. The Commission may grant or deny all applications for renewal of a variance.

(Ord. 55-64 § 11.6(K), 1964; Ord. 55.325-92 § 2 (Exh. A (part)), 1992; Ord. 670-06 § 3, 2006)

A.

Grounds for Revocation. A variance permit may be revoked due to noncompliance with one or more conditions.

B.

Public Hearing Required. The decision maker on the original variance approval shall hold a public hearing on any proposed revocation. Notice of the hearing shall be given pursuant to Section 18.52.082. C.

Decision. The decision maker on the original variance approval may revoke the variance or take such action as may be necessary to assure compliance with the condition or conditions.

D.

City Council Appeal. Any Planning Commission decision in regard to the revocation may be appealed to the City Council in accordance with the procedures of Section 18.52.088(C).

(Ord. 55-64 § 11.6(L), 1964; Ord. 670-06 § 3, 2006)

Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.

(Ord. 55-64 § 11.6(M), 1964; Ord. 670-06 § 3, 2006)

Chapter 18.64 AMENDMENTS (§ 18.64.010 – § 18.64.100)

Any amendment to this title which changes the boundaries of any district or changes any district regulation, off-street parking or loading facilities requirement, general provision, exception or other regulatory provision thereof shall be made only in accordance with the procedure prescribed in this chapter.

(Ord. 55-64 § 11.7(A), 1964; Ord. 670-06 § 3, 2006)

A.

A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed or the authorized agent of the owner filing an application for a change in district boundaries as prescribed in Section 18.64.030. If the area for which a change of district is proposed is in more than one ownership, all the property owners or their authorized agents shall join in filing the application.

B.

A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by resolution of the Planning Commission or by action of the City Council.

(Ord. 55-64 § 11.7(B), 1964; Ord. 670-06 § 3, 2006)

A.

A property owner desiring to propose a change in the boundaries of the district in which his property is located or his authorized agent may file an application for a change in district boundaries on a form prescribed by the Director which shall include the following data:

1.

Name and address of the applicant;

2.

Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner;

3.

Address or description of the property.

B.

The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines and the names and last known addresses of the legal owners of record of all properties shown on the drawing.

C.

A mailing list on mailing labels of the legal owners of record and occupants of all properties at least 300 feet from each boundary of the site.

D.

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

The application shall be filed with the Director.

(Ord. 55-64 § 11.7(C), 1964; Ord. 670-06 § 3, 2006)

The Director shall make an investigation of the application or the proposal and shall prepare a report thereon which shall be submitted to the Planning Commission.

(Ord. 55-64 § 11.7(D), 1964; Ord. 670-06 § 3, 2006)

A.

Public Hearing Required. The Planning Commission shall hold at least one public hearing on each application for change in district boundaries and on each proposal for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other regulatory provision of this title initiated by the Commission or the City Council.

B.

Notice by Publication. Notice of the public hearing shall be given by publication in accordance with the provisions of Section 18.52.082.

C.

Additional Notice. If the application or proposal affects the permitted uses of real property, notice of public hearing shall also be given by mailed notice and by posting in accordance with the provisions of Section

18.52.082.

(Ord. 55-64 § 11.7(E), 1964; Ord. 268-86 § 2, 1986; Ord. 55.313-90 § 2, 1990; Ord. 670-06 § 3, 2006)

A.

At the public hearing the Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the purposes of the zoning title.

B.

The Commission may review proposals for the use of the property for which a change in district boundaries is proposed or plans or drawings showing proposed structures or other improvements, in the light of the fact that under the provisions of this title, a change in district boundaries cannot be made conditionally and the owner of the property is bound only to comply with the regulations prescribed in this title.

(Ord. 55-64 § 11.7(E), 1964; Ord. 268-86 § 2, 1986; Ord. 55.313-90 § 2, 1990; Ord. 670-06 § 3, 2006) Following the public hearing the Planning Commission shall transmit a written recommendation to the City Council on all of the following.

A.

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

B.

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

Whether the change is necessary or desirable to achieve the purposes of the zoning title. (Ord. 55-64 § 11.7(F), 1964; Ord. 670-06 § 3, 2006)

A.

The City Council shall hold at least one public hearing on the matter.

B.

The time, notice and conduct of the hearing shall be the same as for the hearing by the Planning Commission as provided in Sections 18.64.050 and 18.64.055.

C.

Public hearing notification for the Planning Commission may also include notification for the City Council public hearing.

(Ord. 670-06 § 3, 2006)

The City Council shall make a specific finding as to whether the change is necessary or desirable to achieve the purposes of the zoning title. If the Council finds that the change is necessary or desirable, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. If the Council finds that the change is not necessary or desirable, it shall deny the application or reject the proposal.

(Ord. 55-64 § 11.7(G), 1964; Ord. 670-06 § 3, 2006)

A change in a district boundary shall be indicated on the zoning map with a notation of the date and number of the ordinance amending the map.

(Ord. 55-64 § 11.7(H), 1964; Ord. 670-06 § 3, 2006)

Following the denial of an application for a change in a district boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application.

(Ord. 55-64 § 11.7(I), 1964; Ord. 670-06 § 3, 2006)

All territory which is annexed to the City shall be prezoned as necessary pursuant to Government Code Section 56375 and in accordance with the provisions of this chapter. The Planning Commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the purposes of the zoning title. If the Commission finds that a change of district is required, it shall initiate the change as prescribed in Section 18.64.020. The owner of property or the authorized agent of the owner may file an application for a change in district as prescribed in Section 18.64.020.

(Ord. 55-64 § 11.7(J), 1964; Ord. 670-06 § 3, 2006)

Chapter 18.72 ADMINISTRATIVE SITE DEVELOPMENT REVIEW (§ 18.72.010 – § 18.72.105)

Note: Prior ordinance history: Ordinances 342-90 § 2, 55.323-91 § 2 (Exh. A), 55.325-92 § 2 (Exh. A), 407-93 § 2, 419-93 § 2, 424-94, 457-95 § 2, 492-96 § 3 and 509-97 § 2.

The purpose of administrative site development review is to enable the Zoning Administrator to evaluate and approve minor projects and minor modifications to approved projects and to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clause or performance standard requirement of the zoning title.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006)

For the purposes of this chapter, the following words and phrases are defined:

"Adjacent property"

means property that shares a common lot line, corner or point with the subject property.

For the purpose of providing notice as required by this chapter, properties which are directly across the street are also considered adjacent.

"Cumulative impact"

refers to two or more individual effects which, when considered together, are considerable or which compound or increase other impacts. Cumulative impacts occur when the impacts of one project are added to other closely related past, present, and reasonable foreseeable probable future projects.

Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use as a dwelling with or without a permanent foundation when connected to the required utilities.

"Minor change"

means an alteration or modification of an existing plan, development or project which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project, with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. Specific conditions of approval may not be modified by administrative site development review nor may provisions relating to the operation of a conditional use be altered or changed.

"Minor project"

means any project which is specified as such in the pertinent district regulations and which is substantially inferior in bulk, degree or importance to the overall development or project, proposes no change in the existing use of the land, and which does not require a variance.

A minor project in a single-family residential district may also include the following:

1.

One- or two-story, single-family dwelling or manufactured home when not proposed in conjunction with another residential unit and when there is no cumulative impact as defined herein;

2.

The relocation of a single-family home, including a manufactured home;

3.

The construction of a second story addition to an existing single-family dwelling.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010)

The administrative site development review procedure shall apply to the following types of projects in the specified districts:

A.

RS Districts, R 5000, 511 District. One- and two-story single-family dwellings, second story additions, modifications to one- and two-story single family dwellings that result in the removal of 50% or more of the perimeter walls of the existing dwelling, any exterior additions or alterations to a semi-detached single-

family dwelling, manufactured housing units, accessory structures over 450 square feet in area, decks and balconies over 30 inches above ground, accessory structures which propose water or sewer utility connections, changes to the street-facing façade(s) of a building that is eligible to be included in the City's Landmark and Historic Preservation Overlay Zone, and minor changes to approved projects.

B.

H-District. Notwithstanding Section 18.76.020, proposed uses in an H-District may be reviewed under this chapter upon a determination by the Director that the project is a minor project, such as one- and two-story single-family dwellings, second-story additions, any exterior additions or alterations to a semi-detached single-family dwelling, manufactured housing units, accessory structures over 450 square feet in area, decks and balconies over 30 inches above ground, accessory structures which propose water or sewer utility connections, satellite dish antennas, and minor changes to approved projects. C.

RM Districts. In all district classifications, minor projects which modify existing developments, including, but not limited to, such products as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, roof or mechanical equipment visible from off site, aboveground utility installations and minor changes to approved projects.

D.

Landmark and Historic Preservation (LHP) Overlay Zone. Second story additions to historical residences, exterior remodel or redesign of a historic residence, and new accessory structures over 450 square feet in area in a historic district.

E.

Commercial, Industrial and Other Zoning Districts Not Listed Above. In all district classifications, minor

projects which modify existing developments, including, but not limited to, such projects as the addition of accessory structures and modification of landscaping and/or parking and circulation areas, buildings in the CUL district with conceptual approval, roof or mechanical equipment visible from off site, aboveground utility installations, small containers for collection of recycled products such as reverse vending machines, outdoor coin operated vending machines through which a physical product is rendered, but not including periodical or newspaper dispensers; and minor changes to approved projects.

F.

New construction as specified in the zoning district regulations.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022)

A.

If the Zoning Administrator determines that any of the following conditions exist, the application shall be referred to the Planning Commission for review at a public hearing and be subject to the findings listed in Section 18.72.070 and the appeal process listed in Section 18.52.088.

1.

In the opinion of the Zoning Administrator, the proposed project is or will be a matter of public interest or controversy.

2.

Major additions or modifications to buildings located in the CUL district that were subject to ASD review previously.

B.

If the Zoning Administrator determines that any of the following conditions exist, the application shall be reviewed pursuant to the provisions of Chapter 18.76, Site Development Review, rather than this chapter:

1.

In the opinion of the Zoning Administrator the project will have cumulative impacts as defined in Section 18.72.020.

2.

The proposed project is not categorically exempt from the requirements of the California Environmental Quality Act (CEQA).

3.

In the opinion of the Zoning Administrator, the proposed project is or will be a matter of major public interest or controversy.

4.

In the opinion of the Zoning Administrator the proposed project does not clearly fall within a designated category for which administrative site development review is allowed.

In the opinion of the Zoning Administrator, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, or any other impact which is a matter of public concern or controversy.

6.

The application is for construction of single-family dwellings, including manufactured housing, and more than one application is filed in a 24 month period on parcels that are contiguous to each other and under the same ownership.

C.

The applicant may, at their discretion, make application for site development review pursuant to the provisions of Chapter 18.76.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

A.

An application for an administrative site development review shall be made to the Zoning Administrator on a form prescribed by the Director which shall include the following data:

1.

Name and address of the applicant;

2.

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

3.

Address or description of the property;

4.

Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of an administrative site development review prescribed in this chapter.

B.

The application shall be accompanied by the items identified by the Formal Application Checklist as prescribed by the Director.

C.

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

All applications for administrative site development review shall be filed with the Zoning Administrator for

review and approval or disapproval prior to the issuance of building permits.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

The Zoning Administrator shall provide public notice pursuant to Section 18.52.083 that a decision is being considered on the application.

(Ord. 670-06 § 3, 2006)

A.

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

The Zoning Administrator may refer the application to other departments of the City, and any other public agency or district, for review and comment on conformance with the intent and regulations of the applicable district.

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006)

A.

All of the following findings are required for approval of an administrative site development review: 1.

Approval of this application is consistent with the General Plan and any applicable specific plans; 2.

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

3.

Approval of this application is consistent with the purpose of administrative site development review as outlined in Section 18.72.010.

B.

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

C.

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

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006)

The Zoning Administrator may approve, conditionally approve, or disapprove applications for administrative site development review or refer an administrative site development review application to the Planning Commission. Decisions of the Zoning Administrator and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.087.

(Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

An administrative site development review approval shall be valid for one year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the administrative site development review application or a certificate of occupancy is issued by a Building Inspector for the site or structure which was the subject of the administrative site development review application. The phrase, "construction is commenced" shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including, but not necessarily limited to, the inspection of

installed footings, reinforced steel, utility, plumbing and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction. (Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006)

A.

An administrative site development review approval may be extended one time for an additional period of time not to exceed one year. Such request for extension must be submitted in writing to the Zoning Administrator no later than 10 business days prior to the expiration date of the administrative site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of an administrative site development review approval. The Zoning Administrator may grant an

extension if he or she finds that there has been no substantial change in the facts and circumstances present when the original application was approved.

B.

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

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022)

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

(Ord. 513-98 Exh. A-5, 1998; Ord. 670-06 § 3, 2006)

Chapter 18.76 SITE DEVELOPMENT REVIEW (§ 18.76.010 – § 18.76.110)

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

(Ord. 55-64 § 13.0, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.281-87 § 2, Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023) A.

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

B.

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

C.

The site development review procedure shall not apply to City projects on City-owned properties. (Ord. 55-64 § 13.1, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.224-80 § 4, 1980; Ord. 55.229-81 § 7, 1981; Ord. 55.275-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 903-22 § 4, 2022; Ord. 915-23 § 4, 2023)

A.

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

Name and address of the applicant;

2.

Statement that the applicant is the owner of the property or is the authorized agent of the owner; 3.

Address or description of the property;

Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter;

B.

The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director.

C.

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

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

(Ord. 55-64 § 13.12, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.130-74 § 2, 1974; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

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

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

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

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

(Ord. 55-64 § 13.5, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; amended during 1990 republication; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

A.

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

1.

Approval of this application is consistent with the General Plan and any applicable specific plans; 2.

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

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

B.

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

C.

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

(Ord. 679-06 § 2, 2006; Ord. 915-23 § 4, 2023)

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

(Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

A.

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

B.

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

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

(Ord. 670-06 § 3, 2006; Ord. 679-06 § 2, 2006; Ord. 915-23 § 4, 2023)

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

In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void. (Ord. 55-64 § 13.9, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.265-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

A site development review approval shall be valid for one year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase "construction is commenced" shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building

Code has been completed, including, but not necessarily limited to, the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete. Completion of only site

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

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

(Ord. 55-64 § 13.10, 1964; Ord. 55.53-69 § 2, 1969; Ord. 55.265-86 § 3, 1986; Ord. 55.281-87 § 2 Exh. A, 1987; Ord. 342-90 § 2, 1990; Ord. 55.325-92 § 2 (Exh. A), 1992; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

A.

A site development review approval may be extended for an additional period of time not to exceed one year no more than two times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for

extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved. B.

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

(Ord. 457-95, § 2, 1995; Ord. 513-98 Exh. A-1, 1998; Ord. 670-06 § 3, 2006; Ord. 861-19 § 2, 2019; Ord. 915-23 § 4, 2023)

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

(Ord. 419-93 § 2, 1993; Ord. 457-95 § 2, 1995; Ord. 670-06 § 3, 2006; Ord. 915-23 § 4, 2023)

Chapter 18.78 CIVIC CENTER DESIGN CONTROL DISTRICT (CCDCD) (§ 18.78.010 – § 18.78.110)

The purpose of the Civic Center design control district (CCDCD) shall be the protection of the public investment through the assurance of high quality urban design in the neighborhood immediately surrounding the Civic Center complex. The Civic Center buildings and grounds shall represent standards of architecture, site planning and landscaping which will provide the basis for evaluation of new construction, remodeling, rehabilitation and other improvements, public and private, in the area, as defined in Sections 18.78.020 and 18.78.030. The intent of this chapter is to ensure design quality which is compatible with the Civic Center.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Uses permitted in any zoning district located within the CCDCD shall be permitted.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Regulations imposed by this section shall be in addition to regulations of any zoning district now or in the future existing within the area defined.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Application fees and submission requirements shall be the same as required by the underlying zoning district with the following additions:

A.

Area map showing the location and major improvements of all other properties located within the CCDCD zone;

B.

All plans shall note building materials and include detailed signage, landscaping, fencing and other appropriate details.

All applications shall follow the review procedure established for the underlying zone and be subject to approval, conditional approval or denial prior to any action directed toward completion of the application request.

(Ord. 55.142-75 § 3, 1975; Ord. 477-96 § 2, 1996; Ord. 670-06 § 3, 2006) All regulations of any zoning district existing within the CCDCD shall be effective except as superseded hereinafter.

(Ord. 55.142-75 § 3, 1975; Ord. 477-96 § 2, 1996; Ord. 670-06 § 3, 2006)

All automobile and truck parking areas as well as loading berths shall be effectively screened on each side fronting on another property or right-of-way by a wall, fence and/or densely planted compact hedge of not less than five feet in height. Such required screening shall conform with the front, side and rear yard setbacks of the underlying zone.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Property fronting on all streets between the curbline and the front building line shall be landscaped in accordance with plans prepared by a licensed landscape architect. Said plans shall indicate the types, sizes and numbers of landscaping elements along with an adequate automatic irrigation system. Mature landscaping elements shall be utilized. All landscaping shall be installed within 90 calendar days after completion of building construction.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

No materials, supplies, products, equipment or other personal property shall be stored or permitted to remain on any part of any property outside of the permanent structures unless such approval for outside storage is granted on the following basis: that the approved storage area is screened from view by a decorative wall, landscaping or other approved screening, at least six feet in height and rising two feet above the stored goods, provided no such screen or wall shall exceed 10 feet in height.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Each person, company or corporation utilizing a lot shall at all times maintain in good order, repair and condition all structures, fences, signs, walks, driveways and landscaping on each property and maintain in first-class condition all exterior paint and surfaces and repaint said surfaces as often as required to preserve the structure and maintain the appearance of the buildings.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Maximum sign height for any sign within the CCDCD, building-mounted or freestanding, shall be 15 feet. (Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

All buildings, structures and grounds within the CCDCD shall be architecturally designed with emphasis being placed on the compatibility of said development with the Civic Center.

(Ord. 55.142-75 § 3, 1975; Ord. 670-06 § 3, 2006)

Chapter 18.88 R-5000 ZONING DISTRICT (§ 18.88.010 – § 18.88.130)

Note: Prior ordinance history: Ordinances 55.104-73, 55.183-77 and 55.265-86.

This chapter establishes an R-5000 zoning district and herein specifies criteria concerning the use of land, height of buildings, area of lots, building sites and yard spaces; and establishes the boundaries of the district.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006)

The purpose of this chapter is to provide within the R-5000 zoning district an alternative to certain portions of Ordinance 55-64 to further the public health, safety and general welfare, and to provide the economic and social advantages resulting from the planned use and development of this unique area of the City. This chapter encourages the consolidation of small, substandard lots into reasonable building sites, permitting

single-family dwellings in low silhouette with maximum open space in compensation for such consolidation.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) The R-5000 zoning district is composed of that area shown as a delineated parcel of land with a letter or other designation on the Amended Plan of Decoto, a map of which was filed on December 1, 1904, in the office of the County Recorder of Alameda County, Book 19 of Maps, at page 43, with the exclusion of those portions of the area presently zoned CN (Neighborhood Commercial), OS (Open Space), CF (Civic Facilities) and CC (Community Commercial).

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) "Building site"

means:

A.

The ground area of one lot having not less than 5,000 square feet and having a width of not less than 50 feet;

B.

A parcel of real property other than a lot which was held as a separate ownership of record prior to April 4, 1960, and which has vehicular access to a street, provided the area of the parcel is not less than 3,750 square feet;

C.

A parcel of real property shown as a delineated parcel of land with a letter or other designation on the Amended Plan of Decoto, a map of which was filed on December 1, 1904, in the office of the County

Recorder of Alameda County, Book 19 of Maps, at page 43, provided that the parcel has an area of not less than 5,000 square feet with a width not less than 50 feet.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006)

Application of this chapter within this district shall be limited to residential uses classified as single-family

and single-family semidetached dwellings, except for public facilities required by the City in the public interest.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) The following uses are permitted:

A.

A one family dwelling on each building site;

B.

Accessory dwelling unit or junior accessory dwelling unit subject to the provisions listed in Chapter 18.34;

C.

Accessory structures and uses customarily incident thereto including a private garage or private carport to accommodate not more than two motor vehicles;

D.

Off-street automobile parking as an accessory use to any permitted use.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006; Ord. 836-16 § 4, 2016; Ord. 88321 § 4, 2021)

Lots for single-family dwelling use will be not less than 5,000 square feet and no less than 50 feet in width. A single-family dwelling may be built on a building site as defined in Section 18.88.040. (Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006)

Lot coverage shall not exceed the following maximum: For single-family dwellings, a one story structure will be allowed not more than 60% lot coverage; a two story structure will be allowed not more than 50% lot

coverage.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) Any legally existing two family dwelling which is partially or fully destroyed or damaged by fire or other casualty or act of God may be restored to its condition immediately preceding the fire or other casualty or act of God.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) One-family dwellings shall conform to the following:

A.

A minimum front yard setback of 20 feet, with the following exceptions:

1.

The required front yard may be reduced by five feet when all required off-street parking spaces are located on the rear half of the site or are entered parallel to the front property line of the site;

2.

A permanently covered, unenclosed, nonscreened one-story porch may be allowed to encroach into the required front yard provided that there remains at least 10 feet of clear, open space from the nearest projection of the porch, including eaves and steps, to the front property line.

B.

A minimum side yard setback of five feet, but 10 feet where adjacent to any street or alley; C.

A minimum rear yard setback of 10 feet.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006; Ord. 712-08 § 2, 2008) One family dwellings shall be restricted to a maximum height of two stories above the average adjoining grade of the property, or 30 feet, whichever is the lesser.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006) Off-street parking shall conform to the following:

A.

All new single-family residences constructed within the R-5000 district shall provide a minimum of two offstreet parking spaces, both of which shall be covered and enclosed.

B.

Existing single-family residences located within the R-5000 district shall maintain at all times a minimum of one off-street parking space, which shall be covered and enclosed. C.

Additions which bring the total living space of the single-family residential dwelling unit over 1,800 square feet (exclusive of garage area and accessory dwelling unit) within the R-5000 district shall be required to provide a minimum of two off-street parking spaces, both of which shall be covered and enclosed. A third covered and enclosed parking space shall be provided either when the habitable areas of the primary

he total living space of the single-family residential dwelling unit over 1,800 square feet (exclusive of garage area and accessory dwelling unit) within the R-5000 district shall be required to provide a minimum of two off-street parking spaces, both of which shall be covered and enclosed. A third covered and enclosed parking space shall be provided either when the habitable areas of the primary

residence (excluding accessory dwelling units) exceeds 3,000 square feet in habitable area, or when there are five or more rooms that can be used for sleeping purposes. In neighborhoods where two car garages are predominant, the additional parking space shall be provided as a tandem space to ensure neighborhood consistency.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006; Ord. 836-16 § 4, 2016; Ord. 84918 § 4, 2018; Ord. 883-21 § 4, 2021)

Lot splits with accompanying parcel maps are not permitted in this district which results in lots less than 50 feet in width and less than 5,000 square feet in area.

(Ord. 55.274-86 § 2, 1986; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006)

Whenever no specific provision is made for regulation in the R-5000 zoning district, the provisions of Chapter 18.32 regulating residential districts shall apply.

(Ord. 342-90 § 2, 1990; Ord. 440-94 § 2, 1994; Ord. 670-06 § 3, 2006)

Chapter 18.92 OPEN SPACE (OS) ZONING DISTRICT (§ 18.92.010 – § 18.92.200)

The purpose and intent of this district is to:

A.

Provide adequate recreation and open space lands for the needs of the population, present and future; B.

Preserve and protect open space lands as a limited and valuable resource; C.

Discourage premature and unnecessary conversion of open space land to urban areas in order to discourage noncontiguous patterns of development which unnecessarily increase the cost of community services to community residents;

D.

Prevent incompatible development of areas which should be preserved or regulated for scenic, historic, or conservation purposes;

E.

Insure the retention of certain lands in their natural or near natural state, so as to protect the public health, safety, and welfare of the community from natural disasters such as fire, flood, erosion, seismic activity, etc.

Provisions of this district also provide for the reasonable use of open space land while at the same time preserving and protecting its inherent open space character.

(Ord. 55.117-74 § 5 (18.1), 1974; Ord. 670-06 § 3, 2006)

Lands defined herein constitute lands which shall be included in the Open Space Zone. As used in this chapter, unless otherwise apparent from the context, the following definitions shall apply:

"Conservation" or "natural resource"

includes but is not necessarily limited to streams, watersheds, ground water recharge, soils, wildlife habitat as defined herein, special land forms, and natural vegetation.

"Conservation of land" or "natural resource land"

means land which possesses or encompasses conservation or natural resource lands, the use or recovery of which can best be realized by restricting the use of the land as provided by this chapter.

"Hazardous lands"

means lands hazardous to the public health, safety, and welfare (evidence of faults, folding, ground movement, slopes, unstable soil bearing valves, natural fire areas, areas susceptible to floods and other similar conditions).

"Open space district"

means any area of land or water designated "OS" and subject to all the terms and regulations of this chapter.

"Open space land"

means any parcel or area of land essentially unimproved or in its natural state devoted to open space use as defined herein, which is designated in the open space element for an open space use.

"Open space use" means the use of land for:

1.

Public or private recreation;

2.

Enjoyment of scenic beauty;

3.

Conservation or use of natural resources;

4.

Open field cultivation;

5.

Orderly structuring of urban development.

"Recreation lands"

means any area of land or water susceptible to recreation or scenic uses.

"Scenic lands"

means any area of land or water which possesses scenic qualities worthy of preservation.

"Unserviceable lands"

means lands which, because of their location, cannot be economically maintained or serviced by the City. "Water supply lands" means lands including but not limited to watershed or ground water recharge areas.

"Wildlife habitat"

means any area of land or water valuable or necessary to the preservation or enhancement of wildlife resources.

(Ord. 55.117-74 § 5 (18.2), 1974; Ord. 670-06 § 3, 2006)

The following specific regulations and the general regulations set forth in this title shall apply to all OS districts.

(Ord. 55.117-74 § 5 (18.3), 1974; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 903-22 § 4, 2022) 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:

Greenhouses;

Commercial feed lots;

Commercial slaughtering of animals;

Commercial packaging, processing, treatment, or storage of produce or meat products;

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. (Ord. 55.117-74 § 5 (18.4), 1974; Ord. 670-06 § 3, 2006; Ord. 2026-002, 1/27/2026) All conditional uses within this district shall be subject to approval for development, construction, or improvements as provided in Chapter 18.56.

A.

Utility uses, i.e., small substations and/or transmission easements, which are low intensity (vehicle activity, land coverage, structural) and expressly conform to the purpose of the Open Space District.

B.

Educational, charitable, research and philanthropic uses, which are of low intensity (vehicle activity, structural) and expressly conform to the purpose of the Open Space District.

C.

Active or organized recreational uses including, but not limited to, riding academies, clubs, stables, country clubs, guest ranches and golf courses.

D.

Outdoor zoos, botanical conservatories, or botanical gardens.

E.

Accessory structures and accessory uses.

F.

Commercial tree farming operation.

(Ord. 55.117-74 § 5 (18.5), 1974; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010) Walls, fences and hedges exceeding six feet in height shall not be permitted in required yards. (Ord. 55.117-74 § 5 (18.6), 1974; Ord. 670-06 § 3, 2006)

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

Table 18.92.070 Area and yard standards — Open Space (OS) District

Standard

(Ord. 55.117-74 § 5 (18.7), 1974; Ord. 670-06 § 3, 2006; Ord. 2026-002, 1/27/2026) Maximum impervious area and building coverage shall be 6%.

(Ord. 55.117-74 § 5 (18.8), 1974; Ord. 670-06 § 3, 2006) Residential buildings shall not exceed two stories, or 25 feet in height. (Ord. 55.117-74 § 5 (18.9), 1974; Ord. 670-06 § 3, 2006)

Three vehicle spaces shall be required for each dwelling unit.

(Ord. 55.117-74 § 5 (18.10), 1974; Ord. 670-06 § 3, 2006)

All applications for a use permit shall be accompanied by a combined in-depth geologic and soil investigation report prepared by a registered geologist, certified by the State of California as an engineering geologist, and by a licensed soils engineer. Such report shall be based on surface, subsurface, and laboratory investigations and examinations and shall fully and clearly present:

A.

All pertinent data, interpretations and evaluations;

B.

The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use and with respect to the effect upon future geological processes, both on and off the site;

C.

Recommendations for any additional investigations that should be made.

Such reports may be required by the City Engineer for permitted uses in areas of questionable or unknown geological hazard as determined by the City. All costs and expenses incurred as a result of this section, including the cost and expense of an independent review of the materials submitted hereunder by qualified persons retained by the City shall be borne by the applicant.

(Ord. 55.117-74 § 5 (18.11A), 1974; Ord. 670-06 § 3, 2006)

No site development review plan or use permit shall be approved unless it includes soils analysis, erosion, and sediment control measures in accordance with adopted procedures, technical standards and specifications of the Soil Conservation Service and/or as prescribed by the City. The applicant shall bear

final responsibility for the installation and construction of all required erosion control measures according to the provisions of said standards and specifications.

(Ord. 55.117-74 § 5 (18.11B), 1974; Ord. 670-06 § 3, 2006)

No building permit shall be issued in the Open Space District unless all needed erosion control measures have been completed or substantially provided for in accordance with said standards and specifications. (Ord. 55.117-74 § 5 (18.11C), 1974; Ord. 670-06 § 3, 2006)

The existing natural vegetation and land formations shall remain in a natural state unless modification is found to be necessary for a specific use allowed herein under the site development review or use permit procedure. Imported landscaping, as may be necessary and required, shall consist of indigenous species and/or species determined to be ecologically adaptable and compatible with the existing ecosystem. (Ord. 55.117-74 § 5 (18.11D), 1974; Ord. 670-06 § 3, 2006)

Removal of live trees of six inches or more in diameter at the base, shall be prohibited, except with the granting of site development review, use permit or approval of Director as applicable. (Ord. 55.117-74 § 5 (18.11E), 1974; Ord. 670-06 § 3, 2006)

Roads, tracks, driveways, trails and other runways for automobiles, trucks, buses, motorcycles, or other wheeled vehicles shall not be developed except upon the approval of site development review or a use permit, as applicable. No such approval shall be granted except upon finding that the purpose for which the roads, tracks, driveways, trails, or runways as proposed, is essential for the establishment or maintenance of a use which is expressly permitted herein and that the design and location of the proposed roads, tracks, trails, or runways will be compatible with the terrain and the purpose of the Open Space District. The use of all roads, tracks, driveways, trails, or runways existing at the time of the adoption of this chapter, which have been established contrary to law, shall be terminated. (Ord. 55.117-74 § 5 (18.11F), 1974; amended during 1990 republication; Ord. 670-06 § 3, 2006) No grading shall be authorized except upon the approval of site development review or use permit as applicable. No such approval shall be granted except upon finding that the purpose for which the grading is proposed is essential for the establishment and maintenance of a use which is expressly permitted herein and that the design, scope and location of the grading proposed will be compatible with adjacent areas and will result in the least disturbance of the terrain and natural land features.

(Ord. 55.117-74 § 5 (18.11G), 1974; Ord. 670-06 § 3, 2006)

Any parcel of land not meeting the area or dimension requirements of this chapter shall be deemed a lawful building site if such parcel was a lawful building site on the effective date of the ordinance codified in this chapter. All other requirements of this chapter shall apply to any such parcel.

(Ord. 55.117-74 § 5 (18.11I), 1974; Ord. 670-06 § 3, 2006)

Note: Former § 18.92.200, Public lands, derived from Ord. 55.117-74 and Ord. 670-06, was repealed by Ord. 2026-002, 1/27/2026.

Chapter 18.96 HILLSIDE COMBINING (-H) DISTRICT (§ 18.96.010 – § 18.96.080)

Note: Prior ordinance history; Ord. 342-90.

The purpose and intent of this district is to:

A.

Ensure that development in the Hillside area of the City occurs in a manner that is consistent with applicable policies of the open space, conservation, and seismic safety and safety elements of the general plan, and that development design responds to the topographic characteristics of each site; B.

Provide a mechanism for implementation of the City's Hillside area policies and ensure that future development preserves the scenic integrity of visible ridges and hillsides; C.

Ensure that the density of development on Hillside area lands is consistent with the capacity of the land to sustain it without undue environmental consequences, and is consistent with the level of services which reasonably can be provided by the City.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The Hillside area consists of all portions of Union City north and east of Mission Boulevard, including any lands that may be annexed to that area in the future, regardless of slope or other characteristics.

(Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The district and the specific regulations established by this chapter apply in all of the City's Hillside area. These regulations may be applied in combination with any one of the residential districts established by Chapter 18.32, which district shall be the base zoning district. When so combined, all regulations in this title prescribed for the base zoning district shall apply, and shall be augmented by the specific regulations prescribed in this chapter. In cases of conflict, the provisions of this chapter shall take precedence.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The use provisions of the base zoning district notwithstanding, approval and authorization for any proposed development in the combining district shall be subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 18.56.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

Development Density Limitations. For any proposed development, the maximum number of dwelling units that may be considered for development approval on the site shall be determined on the following basis:

A.

For portions of the site with an existing average slope of 10% or less, full credit may be claimed for the maximum number of units that would be allowed under the base zoning district.

B.

For portions of the site with an existing average slope exceeding 10%, credit may be claimed based on a proportion of the maximum number of units that would be allowed under the base zoning district in accord with the following table:

C.

For purposes of the calculations, the maximum number of units allowed for each of the base residential districts is as follows:

D.

To support the calculations, a slope analysis showing the boundaries of each existing slope range prepared on a topographic map of the site, at a scale of not less than one inch equals 100 feet, shall be submitted. A tabulation of the land area within each slope category, and a description of the method used in determining and measuring the slope areas shall accompany the map. In all cases, slopes shall be measured

perpendicular to contour lines. In reviewing an application, the City shall ensure that slopes are calculated for individual areas that have similar slope characteristics. The submitted topographic map and tabulation of land area shall meet the approval of the City, which may retain an independent engineering specialist to review the submitted documents. The costs for such independent review shall be borne by the project applicant.

eviewing an application, the City shall ensure that slopes are calculated for individual areas that have similar slope characteristics. The submitted topographic map and tabulation of land area shall meet the approval of the City, which may retain an independent engineering specialist to review the submitted documents. The costs for such independent review shall be borne by the project applicant.

The total number of units derived from the calculations shall be considered only as a measure of the maximum density of development that may be proposed for the site, and does not commit the City to approval of any specific number of units. Final approval shall be based on design and engineering solutions for all other constraints that may affect the site, including access, geotechnical problems, slope stability, drainage, visual sensitivity and grading impacts as well as on-slope considerations. (Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1996; Ord. 670-06 § 3, 2006)

Only limited development or residential subdivision may occur in areas with existing slopes over 25%. In areas with slopes ranging from 25% to 40%, for which development credit is given as per Section 18.96.040(B), the allowed development density shall either be transferred to an area of a site with a slope of 25% or less, or developed under the slope density limitations in Section 18.96.040 with a base designation of RS-10,000. The transferred density shall in no case be allowed to increase the total allowed density above the maximum residential units specified for the base district in Section 18.96.040(C). (Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

All applications for development approval under the provisions of this chapter shall be accompanied by a comprehensive geologic and soil investigation report prepared by qualified engineering specialists in the field, and meeting all City and State requirements for such reports. The report shall provide complete and detailed information on all geotechnical conditions known or suspected to be present in the area, and particularly shall contain detailed mapping of all faults, fault zones and landslides. Engineering solutions and/or other types of mitigation recommendations shall be provided on all soil, foundation, public utilities or seismic problems, including grading recommendations and erosion and sedimentation control measures, responding to the particular development proposal under review. The proposed solutions must meet the approval of the City, which may retain an independent engineering specialist to review the proposal. The costs for such independent review shall be borne by the project applicant.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A.

All applications for development approval under the provisions of this chapter shall be accompanied by a preliminary grading and drainage plan prepared on a topographic map of the site at a scale of not less than one inch equals 100 feet. Such plan shall show existing and proposed contours, including the top and toe of each cut and fill slope, with a contour interval not greater than five feet; provided, that a 10 foot interval may be shown on slopes not proposed to be graded. Proposed provisions for drainage, including slope stabilizing and erosion and sedimentation control measures shall be shown.

B.

The grading and drainage plan shall include a tabulation of proposed cut and fill quantities and the

proposal for disposition of any excess excavated material where the quantities are not in balance. Additional information, such as hydraulic calculations and cross-sections of proposed cut and fill slopes, may be required as determined to be needed by the City Engineer.

C.

The preliminary grading and drainage plan shall be processed concurrently with the development approval by the Planning Commission and City Council.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

Grading shall be minimized in all areas with slopes above 10% by properly contouring areas where grading occurs. In assessing the appropriateness of grading, the City shall use the following guidelines:

A.

Site grading should generally be limited to areas within the building footprint, under access roads and driveways, and where necessary due to unusual site conditions such as landslides.

B.

Buildings and roads should generally follow contours. On sloping sites, buildings should have multiple levels, and be dug into and stepping down the hill.

C.

Where grading occurs, new slopes should be configured to retain the natural character of the site. New contour lines should be rounded to mimic natural contours. Graded slopes should undulate and should not result in flat planes.

D.

No artificial slope shall exceed the naturally occurring slopes in its immediate vicinity or a slope of 3:1, whichever is greater.

E.

Graded areas shall be feathered so that there are no abrupt transitions between flat areas and graded slopes, or between graded and ungraded areas.

F.

Graded slopes shall be revegetated with native species found in similar natural areas of the Hillside area. (Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

The use permit and site development review procedures prescribed in Chapters 18.56 and 18.76 shall apply to all applications for development within this district, except where administrative site development review procedures apply as outlined in section 18.72.030. In its review, the Planning Commission shall particularly consider the following aspects of the proposed development: A.

Adequacy of Access. The proposed development should allow for adequate access in consideration of overall trip generation and hazards such as ground rupture from earthquake faults and wildfire. Typical road

grades should be no more than 15% for collectors and ten percent for major roads. Maximum road grade should be 18%, except that roads may have grades of 20% over no more than 150 feet if they are paved with concrete.

B.

Proposed Siting of Buildings in Relation to the Topographic Characteristics of the Site. The proposed development should avoid and maintain major topographic features of the site such as ridgelines and knolls in their natural states.

C.

Proposed Overall Development Design in Terms of Response to the Visual Sensitivity of the Site. Major visual features of the site such as specimen trees and rock outcroppings should be maintained, and

incorporated into the development proposal where appropriate. Development rights should be transferred from areas with these features to other portions of the site.

D.

Relationship Between Proposed Architectural Treatment, Site Characteristics and Visual Sensitivity of the Area. Structures and site improvements should be designed to blend with and take advantage of the topography and visual resources of the site.

In addition to the information and exhibits required by the provisions of Sections 18.56.030 and 18.76.030, the Director may require that a visual analysis prepared by a qualified professional in the field and/or a scale model of the proposed development be submitted for Planning Commission review.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

A.

Within a proposed development, areas that are unbuildable because of steep slope or geotechnical hazards that cannot be mitigated shall be retained as open space.

B.

Dedication to a public agency of development rights or scenic easements for undeveloped open space areas shall be required, and development approval shall be conditioned upon provisions satisfactory to the City Attorney which require permanent management and maintenance of such areas.

(Ord. 55.221-80 § 2, 1980; Ord. 454-95 § 2, 1995; Ord. 670-06 § 3, 2006)

Chapter 18.98 FLOODPLAIN COMBINING DISTRICT (§ 18.98.010 – § 18.98.060)

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Union City does hereby adopt the following floodplain management regulations.

(Ord. 757-11 § 1, 2011)

A.

Findings of Fact.

1.

The flood hazard areas of the City historically have been subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services,

extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

B.

Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1.

To protect human life and health;

2.

To minimize expenditure of public money for costly flood control projects;

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

To minimize prolonged business interruptions;

5.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6.

To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

7.

To insure that potential buyers are notified that property is in an area of special flood hazard; and

8.

To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. C.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:

1.

Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

2.

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

4.

Controlling filling, grading, dredging and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give

them the meaning they have in common usage and to give this chapter its most reasonable application. "Appeal"

means a request for a review of the Director's interpretation of any provision of this chapter or a request for a variance.

"Area of shallow fooding"

means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Area of special food hazard.

See "Special flood hazard area."

"Base food"

means the flood having a 1% chance of being equaled or exceeded in any given year (also called the "onehundred-year flood").

"Basement"

means any area of the building having its floor subgrade (below ground level) on all sides.

"Breakaway walls"

are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is so designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1.

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

2.

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Development"

means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Existing manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the ordinance codified in this chapter.

"Expansion to an existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete pads).

"Flood" or "fooding"

means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1.

The overflow of floodwaters;

2.

The unusual and rapid accumulation or runoff of surface waters from any source;

3.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly

caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

"Flood Boundary and Floodway Map"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study"

means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or food-prone area"

means any land area susceptible to being inundated by water from any source (see definition of "flooding").

"Floodplain management"

means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

"Floodplain management regulations"

means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other

applications of police power. The term describes such State or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofng"

means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Floodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Functionally dependent use"

means a use which cannot perform its intended purpose unless it is located or carried out in close

proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading

and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade"

means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure"

means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Lowest foor"

means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is

designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

"Manufactured home park or subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

"Mean sea level"

means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction"

means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.

"New manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities,

the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in this chapter.

"One-hundred-year food" or "100-year food"

means a flood which has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.

"Person"

means an individual or his or her agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this State or its agencies or political subdivisions.

"Recreational vehicle"

means a vehicle which is:

1.

Built on a single chassis;

2.

Four hundred square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Remedy a violation"

means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this title or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

"Riverine"

means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sand dunes"

mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Special food hazard area (SFHA)"

means an area having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99 or AH.

"Start of construction"

includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 calendar days of the permit date. The actual start means either the first placement of permanent construction of a

structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure"

means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which require building permits. "Substantial improvement"

means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

a. Before the improvement or repair is started; or b. If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

"Variance"

means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation"

means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)

A.

Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.

B.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard, identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the City of Union City" with an accompanying Flood Insurance Rate Map with the effective date of February 9, 2000, and any subsequent revisions or amendments thereto, is adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file with the City Engineer at the City of Union City. This Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Director. C.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations of the City of Union City. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

D.

Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

E.

Interpretation. In the interpretation and application of this chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

3.

Deemed neither to limit nor repeal any other powers granted under State statutes. F.

Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Union City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

G.

Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 55.294-88 § 2, 1988; Ord. 553-00 § 1 (Exh. A), 2000; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011) A.

Establishment of Development Permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 18.98.030(B). Application for a development permit shall be made on forms furnished by the Director and may include,

but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 2.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed;

3.

All appropriate certifications listed in subdivision 4 of subsection C of this section;

4.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

Plans for any walls to be used to enclose space below the base flood area.

B.

Designation of the Floodplain Administrator. The Economic and Community Development Director (Director) is hereby appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions.

C.

Duties and Responsibilities of the Director. The duties and responsibilities of the Director shall include, but not be limited to:

1.

Permit Review.

a.

Review all development permits to determine that the permit requirements of this chapter have been satisfied;

b.

Review all development permits to determine that all other required State and Federal permits have been obtained;

c.

The site is reasonably safe from flooding;

d.

The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point;

e.

Review plans for walls to be used to enclose space below the base flood level in accordance with Section 18.98.050(A)(3)(d).

2.

Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 18.98.030(B), the Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Section 18.98.050. Any such information shall be submitted to the City Council for adoption.

3.

Whenever a watercourse is to be altered or relocated:

a.

Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration;

b.

Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

4.

Whenever a Base Flood Elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b.

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

c.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 5.

Obtain and maintain for public inspection and make available as needed:

a.

The certification required in Section 18.98.050(A)(3)(a) (floor elevations);

b.

The certification required in Section 18.98.050(A)(3)(b) (elevations in areas of shallow flooding);

c.

The certification required in Section 18.98.050(A)(3)(c)(iii) (elevation or floodproofing of nonresidential structures);

d.

The certification required in Section 18.98.050(A)(3)(d)(i) or (ii) (wet floodproofing standard);

e.

The certified elevation required in Section 18.98.050(C)(2) (subdivision standards);

f.

The certification required in Section 18.98.050(E)(1) (floodway encroachments).

6.

Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.98.060. 7.

Take action to remedy violations of this chapter as specified in Section 18.98.030(C).

(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011) A.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of subsection D of this section.

Construction Materials and Methods.

a.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

b.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

c.

All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

d.

Require within Zones AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

3.

Elevation and Floodproofing.

a.

New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in paragraph c of this subdivision. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Director.

b.

New construction and substantial improvement of any structure in Zone AH or AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in paragraph c of this subdivision. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Community Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

c.

Nonresidential construction shall either be elevated in conformance with paragraphs a and b of this subdivision or together with attendant utility and sanitary facilities: i.

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

ii.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

iii.

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.

d.

Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

i.

Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or

ii.

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.

e.

Manufactured homes shall also meet the standards in subsection D of this section. B.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

C.

Standards for Subdivisions.

1.

All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, shall:

a.

Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).

b.

Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

c.

If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:

i.

Lowest floor elevation.

ii.

Pad elevation.

iii.

Lowest adjacent grade.

2.

All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

4.

All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

D.

Standards for Manufactured Homes. All new and replacement manufactured homes and additions to manufactured homes shall:

1.

Be elevated so that the lowest floor is at or above the base flood elevation; and

2.

Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. E.

Floodways. Located within areas of special flood hazard established in Section 18.98.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

1.

Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2.

If subdivision 1 of this subsection E is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this section.

F.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either:

a.

Be on the site for fewer than 180 consecutive days; or

b.

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

c.

Meet the permit requirements of Section 18.98.040(A) of this chapter and the elevation and anchoring requirements for manufactured homes in Section 18.98.050(D).

2.

Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 18.98.050(F)(1).

(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011) A.

Appeal Board.

The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter.

2.

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this chapter.

3.

In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a.

The danger that materials may be swept onto other lands to the injury of others;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d.

The importance of the services provided by the proposed facility to the community;

e.

The necessity to the facility of a waterfront location, where applicable;

f.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g.

The compatibility of the proposed use with existing and anticipated development;

h.

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i.

The safety of access to the property in time of flood for ordinary and emergency vehicles;

j.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

k.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

4.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing paragraphs a through k of subdivision 3 of this

subsection A have been fully considered. As the lot size increases beyond one-half (½) acre, the technical justification required for issuing the variance increases.

5.

Upon consideration of the factors of subdivision 3 of this subsection A and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further

the purpose of this chapter.

6.

The Director shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

B.

Conditions for Variances.

1.

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4.

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

5.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subdivisions 1 through 4 of this subsection B are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Board in the office of the Alameda County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(Ord. 55.294-88 § 2, 1988; Ord. 670-06 § 3, 2006; Ord. 757-11 § 1, 2011)

Chapter 18.100 511 AREA DISTRICT (§ 18.100.010 – § 18.100.090)

The purpose of this district is to implement the goals, objectives and policies of the Specific Plan adopted for the 511 Area. As a result, this district provides the essential requirements necessary to assure quality development throughout the 511 Area. Since it implements the Specific Plan, the district is intended to address the various land use categories identified by the Specific Plan.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006)

A.

This district adopts by reference the land use categories as shown on the land use policy diagram of the 511 Area Specific Plan.

B.

Standards.

1.

The standards for development for each land use category of the Specific Plan are contained in this chapter unless otherwise noted.

2.

Standards and requirements of Chapter 18.50, Civic Facilities (CF) District, shall apply to those areas designated public facility by the Specific Plan.

3.

Standards and requirements of Chapter 18.36, Neighborhood Commercial District including Old Alvarado design requirements of Section 18.36.180 shall apply to those areas designated commercial by the Specific Plan.

C.

Procedures and Fees.

1.

Any applicant who wishes to undertake development in the 511 Area shall follow the applicable procedures established by Chapters 18.56, 18.60, 18.72 and 18.76 of this title, and Title 17, Subdivisions, of the Municipal Code.

2.

The Specific Plan and General Plan may be amended pursuant to Section 65350, et seq., of the State Government Code.

3.

Any application for development in the 511 Area shall be accompanied by a fee for the applicable permits in the amount established by resolution of the City Council sufficient to cover the cost of processing the application.

4.

Fees required by Ordinance No. 258-86, as it may be amended from time to time, shall be paid at the time a development application is filed with the City.

5.

Any party proposing to construct any structures other than accessory structures, shall follow the procedures of Chapter 18.72, Administrative Site Development Review, or Chapter 18.76, Site Development Review. All such projects shall be architecturally compatible with surrounding residential uses in terms of siding and roof materials, roof pitch, roof eaves, trim elements and architectural features. Detached accessory structures of less than 120 square feet are exempt from review pursuant to Chapter 18.72.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 342-90 § 2, 1990; Ord. 670-06 § 3, 2006) For purposes of this chapter, the following terms shall apply:

"Attached unit" or "townhouse"

means a building designed for or occupied by one family separated at one or two interior lot lines by party walls without openings to the dwelling unit(s) on the adjacent lot(s). (See Figure III-2 of the 511 Area Specific Plan.)

"Community assembly for civic activities"

includes activities typically performed by, or at, the following institutions or installations: recreational,

leisure, or other facilities. Typical uses include public tennis courts, food concessions in parks, and public and parochial playgrounds and playing fields, and community halls.

"Community education"

includes the care and education of children by public, parochial or private institutions. Typical uses include elementary, junior high and senior high schools.

"Day care services"

include buildings for daytime care of individuals under 18 years of age, including preschools, day care centers, and similar uses. "Small day care services" include services provided in provider's own home for one to six children. "Large day care services" include services provided in the provider's own home for seven to 12 children. "Day care" also includes services providing nonmedical care to any number of children, for periods of less than 24 hours.

"Family dwelling types"

include the occupancy of living accommodations on a wholly or primarily nontransient basis in singlefamily, two-family, and three- and four-family dwelling units. They exclude institutional living arrangements providing 24 hour skilled nursing or medical care and those providing forced residences.

"Intermediate care facilities"

include facilities for developmentally disabled habilitative and developmentally disabled nursing for six or fewer persons as provided by the Health and Safety Code.

"Religious assembly"

includes assembly of people for religious services, and typically includes activities performed at churches, temples, synagogues and other places of worship.

" - " Single family dwelling

means a detached building designed for or occupied by one family.

" - " Single family semiattached dwelling

means a building designed for or occupied by one family whose garage is attached at an interior lot line by party walls without openings to the garage of an adjacent dwelling unit (see Figure III-2 of the 511 Area Specific Plan).

" - " Single family zero lot line

means a building designed for or occupied by one family where one wall is either located on or off an interior lot line but is not attached to another building on an adjacent lot (see Figure III-2 of the 511 Area Specific Plan).

"Three-" and "four-family dwelling"

means three to four attached units.

"Two-family dwelling"

means two attached units (see Figure III-2 of the 511 Area Specific Plan).

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006)

A.

Residential Specific Plan Designations.

B.

Open Space Specific Plan Designation.

1.

Permitted Uses. Natural wildlife sanctuaries and habitat, water supply lands, flood control management, excluding silt disposal, and plant nurseries and crop production. Permitted uses shall not adversely affect wetlands/habitat areas.

2.

Conditional Uses. Park and recreational activities, outdoor nature laboratories, interpretive centers, low intensity educational, charitable, research, and philanthropic uses, essential service facilities, and silt

disposal. Conditional use shall not adversely affect wetland/habitat areas.

C.

Park Specific Plan Designation.

1.

Permitted Uses. Active outdoor recreational uses, essential service facilities, and passive park and recreational activities.

2.

Conditional Uses. Outdoor nature laboratories, natural wildlife sanctuaries and interpretive center. (Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 55.329-91, § 2 (Exh. C), 1991; Ord. 670-06 § 3, 2006; Ord. 83616 § 4, 2016; Ord. 883-21 § 4, 2021; Ord. 900-22 § 4, 2022)

A.

Residential Specific Plan Designations.

1.

Standard Requirements. Standard requirements are set out in Table 18.100.050, 511 Area Standards Requirements.

2.

Standards identified in subdivision 1 of this subsection A shall apply subject to the following exceptions:

a.

Where access to a dwelling is within the side yard or if vehicle access is within the side yard, then the side yard setback shall be 12 feet for the distance access is provided. Beyond that point, setback requirements identified in subsection (A)(1) of this section shall apply.

b.

Except for the garage, single-family semiattached units shall have a five foot setback from the lot line on which the garage is located.

c.

For attached units, front yards may be reduced to 10 feet when parking is provided in a common area.

d.

For attached units, end units shall have a side yard setback of 10 feet on the side not attached to another unit.

e.

For attached units, no unit shall be closer than 20 feet to any property line containing a single-family dwelling.

f.

For single-family detached housing, the minimum lot width of 60 feet may be reduced to 50 feet if:

i.

The average lot size of a neighborhood is maintained at 6,000 square feet; and

ii.

Adequate additional amenities are provided to maintain the upscale nature of the development.

g.

The applicant may vary the lot size, lot dimensions, usable open space and off-street parking standards consistent with the requirements of Chapter 18.44, subject to the following provisions:

i.

Lot size, lot dimensions, usable open space and off-street parking shall, in the aggregate, be at least equivalent to the standards prescribed by the regulations for each neighborhood within a planned unit development;

ii.

A better or more appropriate design can be achieved by not meeting the standards;

iii.

Visual and acoustical privacy is maintained;

iv.

Adequate additional amenities are provided to maintain the upscale nature of the development;

v.

The character of housing types is maintained in each neighborhood;

vi.

All driveways for individual dwelling units shall be 20 feet in length and of sufficient width to park two cars; vii.

Applicable goals, objectives and policies of the Specific Plan are met; viii.

The average population density provisions of Section 18.44.050 shall not apply and the dwelling unit density provisions of the Specific Plan shall be met; and

ix.

Height standards for spires, cupolas, chimneys, elevator penthouses, flagpoles, and necessary mechanical appurtenances may be allowed to a maximum height limit of 40 feet.

B.

Open Space and Parks Specific Plan Designations.

1.

Minimum lot area and yard requirements shall be consistent with Section 18.92.070 except for parcels created for the purpose of receiver areas as defined by the Specific Plan and the interpretive center.

2.

Maximum building height shall be 25 feet.

Table 18.100.050 511 AREA STANDARDS REQUIREMENTS

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 836-16 § 4, 2016; Ord. 883-21 § 4, 2021)

A.

Diking, filling or dredging of wetlands shall not be permitted unless it is consistent with the provisions of the 511 Area Specific Plan.

B.

Drainage.

Site drainage shall be in accordance with the standards set forth in Chapter 17.56 of the Subdivision Title and the Alameda County Flood Control District.

2.

No runoff shall be directed into endangered species habitat.

C.

Prior to approval of any application for development, a geologic and soils report consistent with the requirements of Section 18.92.110 shall be submitted as part of any application. The report shall address ground shaking, liquefaction, ground and structural settlement, soil stability and strength, and any other relevant factors. The requirements of this section may be waived by the Public Works Director if a report has been previously accepted by the City for the site in question and it is determined that the report is relevant to the current application.

D.

Soil erosion and land management provisions of Sections 18.92.120 and 18.92.130 shall be met. E.

Grading.

1.

Grading shall occur with no discharge of sediments into wetlands or endangered species habitats. Measures to be implemented by the applicant/developers shall be identified in their erosion and sedimentation control plans, as required by Title 21 of the City's Code.

2.

Grading provisions of Section 18.92.170 shall also apply.

F.

Wetland Preservation Plan.

1.

A wetland preservation plan shall be submitted where a development will be adjacent to a wetland area. 2.

The plan shall address:

a.

Identification of receiver and donor areas as defined by the Specific Plan to be used by the applicant;

b.

Habitat enhancements in receiver areas;

c.

Hydrological requirements to maintain buffer, receiver and wetland areas;

d.

Methods to prevent public access into wetland and endangered species habitat.

3.

Comments on the plan shall be requested from the U.S. Army Corps of Engineers and Regional Water Quality Control Board. The Plan shall be approved by the City and implemented by the applicant prior to any physical modification to the subject site.

G.

No development, grading or other land modification shall take place in an area of endangered species habitat.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006)

A.

Development near the Turk Island landfill shall provide the following:

Space to accommodate monitoring wells for methane gas migration within 1,000 feet from the landfill boundary if no long-term monitoring is provided along the periphery of the landfill;

2.

Undergrounding of utilities located within 1,000 feet of the landfill boundary shall be done in such a manner to preclude migration of landfill gas; and

3.

An evaluation of the need to install a landfill gas protection system for development within Development Area B-2 as identified by the Specific Plan. This evaluation shall be reviewed and accepted by the Office of Solid Waste Management of the Alameda County Division of Environmental Health prior to issuance of a building permit.

B.

Residential development shall be subject to Chapter 18.32 except where a specific development standard, use allowance, or other requirement or allowance is established in this chapter.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; amended during 1990 republication; Ord. 670-06 § 3, 2006; Ord. 91723, 9/26/2023)

A.

Building coverage standards of Section 18.92.080 shall apply.

B.

Landscaping requirements of Section 18.92.140 shall apply.

C.

Access to road area requirements of Section 18.92.160 shall apply.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006)

A.

The Planning Commission, or the City Council on review, shall make the following findings (in addition to any other findings required by local, State or Federal law) before approving any development application in the 511 Area:

1.

The proposed project is consistent with the 511 Area Specific Plan;

2.

The proposed development and/or construction standards of the proposed project are consistent with the development and construction standards of the 511 Area Specific Plan, as well as all other applicable City standards and codes;

3.

The uses and structures will constitute an orderly, attractive and harmonious development; foster stability of land values and investments; and promote the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious characteristics or which are not properly related to their sites, surroundings or traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning ordinance of Union City.

B.

If the Planning Commission or Council makes the necessary findings, it shall approve the application. If the Planning Commission or Council finds to the contrary, it shall disapprove the application or approve subject to such specified conditions, changes or additions as will assure the development will comply with the provisions of the Specific Plan and this district.

(Ord. 55.286-87 § 2 Exh. A § 1, 1987; Ord. 670-06 § 3, 2006)

Chapter 18.102 DECOTO INDUSTRIAL PARK STUDY AREA (DIPSA) (§ 18.102.010 – § 18.102.050)

The purpose of this chapter is to ensure quality development and to provide specific standards for the zoning districts included in Table 18.102.040.

(Ord. 672-06 § 2, 2006; Ord. 903-22 § 4, 2022)

A.

Residential development standards are set out in Table 18.102.040.

B.

Direct access to Mission Boulevard from individual residential parcels shall be prohibited.

C.

See Section 18.32.110(A), special building setbacks, for required setback from Mission Boulevard. D.

A minimum of a 100 foot buffer shall be provided between the nearest dwelling and the nearest edge of powerlines.

(Ord. 672-06 § 2, 2006; Ord. 903-22 § 4, 2022)

A.

New residential neighborhoods shall have unique qualities and characteristics that make them distinctly identifiable from other existing (both old and new) neighborhoods in adjacent areas.

B.

All new residential development shall be constructed of high-quality materials and include features and amenities typically associated with higher end residential development, including, but not limited to: 1.

Tile or similar Class A fire rated roofs;

2.

Varied roof lines and building forms;

3.

High quality exterior materials and finishes, including stucco, solid wood tongue and groove siding, and masonry fireplaces and chimneys;

4.

High quality windows and skylights;

5.

Consistent architectural styling and details (i.e., architectural details from different styles should not be mixed on one house, but styles could be mixed in a larger project);

6.

Spacious interiors that include design elements emphasizing light and openness;

High quality interior finishes, cabinets, appliances, etc.; and

Multiple car garages in the lower density single-family areas.

(Ord. 672-06 § 2, 2006; Ord. 903-22 § 4, 2022)

(Ord. 672-06 § 2, 2006; Ord. 903-22 § 4, 2022)

A.

The Zoning Administrator, Planning Commission, or the City Council on review, shall make the following findings in addition to any other required findings required by this title before approving any development application in the DIPSA:

1.

The proposed project is consistent with the DIPSA Specific Plan;

2.

The proposed development and/or construction standards of the proposed project are consistent with the development and construction standards of the DIPSA Specific Plan, as well as all other applicable City standards and codes;

3.

The uses and structures will constitute an orderly, attractive and harmonious development; foster stability of land values and investments; and promote the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious characteristics or which are not properly related to their sites, surroundings or traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning ordinance of Union City.

B.

If the Zoning Administrator, Planning Commission or Council makes the necessary findings, it shall approve the application. If the Zoning Administrator, Planning Commission or Council finds to the contrary, it shall disapprove the application or approve subject to such specified conditions, changes or additions as will assure the development will comply with the provisions of the Specific Plan and this district. (Ord. 672-06 § 2, 2006)

Chapter 18.104 PROCEDURES AND REQUIREMENTS FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS (§ 18.104.010 – § 18.104.260)

A.

Improve Planning Process. The California Legislature in Section 65864 of the Government Code has found that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. The City Council finds and determines that under appropriate circumstances, development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services and the allocation of costs therefor in order to achieve the maximum utilization of public and private resources in the development process, and assure, to the extent feasible, that appropriate measures to enhance and protect the environment of the City are achieved.

B.

Public Health, Safety and Welfare. The City Council further finds and determines that the public safety, health, convenience, comfort, prosperity and general welfare will be furthered by the adoption of this chapter in order to provide a mechanism for the enactment of development agreements to accomplish the foregoing purposes and aims and the realization of the benefits to be derived therefrom. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Except as may otherwise be set forth in a development agreement, development agreements enacted pursuant to this chapter are to ensure to the applicant for a development project that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to specified conditions of approval, in order to implement the intent of the City Council in enacting this chapter. Development agreements will also ensure that all conditions of approval, including the construction of off-site improvements made necessary by such land developments, will proceed in an orderly and economical fashion to the benefit of the City.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

This chapter is adopted under the authority of Government Code Sections 65864 through 65869.5.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

The following terms when used in this chapter shall have the following respective meanings: "City"

means the City of Union City, a municipal corporation organized and existing under the Constitution and laws of the State of California.

"City Council"

means the City Council of the City.

"Developer"

means a qualified applicant who has entered into a development agreement pursuant to the procedures specified in this chapter.

"Development agreement"

means a development agreement enacted by legislation between the City and qualified applicant pursuant to Government Code Sections 65864 through 65869.5.

"Development project"

means the development which is the subject of a proposed or executed development agreement.

"Director"

means the Economic and Community Development Director.

"Person"

means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body or tribunal or any other form of business or legal entity. "Planning Commission"

means the Planning Commission of the City established pursuant to the ordinances of the City. "Qualifed applicant"

means a person who has a legal or equitable interest in the real property which is the subject of the development agreement determined pursuant to Section 18.104.090(A) of this chapter.

"Standard form development agreement"

means a form of a development agreement adopted by resolution of the City Council, as it may be amended from time to time by Council resolution.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Qualified Applicant. A proposal to enter into a development agreement may be initiated by an application by one or more qualified applicants.

B.

City Council. A proposal to enter into a development agreement may be initiated by an action of the City Council.

C.

Agreement Discretionary. Nothing in this chapter shall be interpreted to require that the City Council be required to enter into a development agreement, or that any person or qualified applicant be required to enter into a development agreement as a condition of obtaining a permit, approval or other land use grant or entitlement from the City or any other person.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Application for a development agreement shall be made in writing by a qualified applicant to the Economic and Community Development Department on a form prescribed by the Director. Each application shall be accompanied by the development agreement proposed by the applicant, which agreement shall use the standard form development agreement, and shall include, without limitation, the following: A.

Parties. The parties to the proposed development agreement;

B.

Interest. The nature of the applicant's legal or equitable interest in the real property constituting such applicant as a qualified applicant hereunder;

C.

Project Description. A description of the development project sufficient to permit the proposed development agreement to be reviewed under the applicable criteria of this chapter. Where appropriate, such descriptions may distinguish between elements of the development project which are proposed to be fixed under the proposed development agreement, those which may vary and the standards and criteria pursuant to which the same may be reviewed;

D.

Approvals. An identification of the approvals and permits for the development project enacted to the date of or contemplated by the proposed development agreement;

E.

Term. The proposed term of the proposed development agreement; F.

Periodic Review. A program and criteria for periodic review under this chapter;

G.

Modifications. Modifications of the terms and conditions of the standard form development agreement, if any, proposed by the applicant, which proposed modifications shall be clearly identified and accompanied by a brief justification;

H.

Additional Information. Any additional information required by the Director to prepare the recommendation to the Planning Commission.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

At the time of filing the application, the applicant shall pay a fee to reimburse the City for the costs associated with the processing of the application. The amount of this fee shall be determined by the City Council by separate resolution and shall be based on the estimated cost of City staff time which will be expended in the processing of the application, the estimated cost, if any, of retaining consultants to advise

application, the applicant shall pay a fee to reimburse the City for the costs associated with the processing of the application. The amount of this fee shall be determined by the City Council by separate resolution and shall be based on the estimated cost of City staff time which will be expended in the processing of the application, the estimated cost, if any, of retaining consultants to advise

and assist in the processing of the application, and a pro rata share of the cost of adopting this chapter. Such time may include time which has been spent by City staff or consultants prior to submission of an application in informal discussion with the applicant. If this fee is expended by the City prior to the execution of a development agreement, the applicant on request shall pay additional fees as determined by the Director. Failure to pay any additional fees in a timely manner may result in either the suspension or termination of the processing of the application. Any portion of this fee, including additional fees, which has not been used by the City prior to the execution of the development agreement shall be refunded to the applicant.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A qualified applicant may withdraw an application at any time. Any portion of a processing fee, including additional fees, which has not been used by the City at the time of withdrawal of the application shall be refunded to the applicant, provided that all City costs incurred as of the date of notification of withdrawal shall have been paid.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Qualified Applicant. Only a qualified applicant or the agent of a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the proposed development agreement. The Director may require an applicant to submit proof of his or her (its) interest in the real property and of the authority of the agent to act for the applicant. The Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. The City Attorney may require an applicant or agent to submit a title report or other evidence to verify the applicant's legal or equitable interests in the subject property.

B.

Other Parties. In addition to the City and the developer, any federal, state or local government agency or body may be included as a party to any development agreement. Any such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Sections 65000, et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement between such parties. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

such additional party shall be made a party to the development agreement pursuant to the provisions of the Joint Exercise of Powers Act (Government Code Sections 65000, et seq.) providing for joint powers agreements, or provisions of other applicable federal, state or local law, in order to create a legally binding agreement between such parties. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

The City Attorney shall approve the form of each proposed development agreement. The proposed agreement shall contain all of the elements required by Government Code Section 65865.2 and may include any other provisions permitted by law. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Determination of Completeness. The Director shall endorse on the application the date it was received. The Director shall review the application for a proposed development agreement, or any resubmission of a prior application, and within 30 days of receipt shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the proposed development agreement. If the application is determined not to be complete, the Director's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can, be made complete, including a list and thorough description of the specific information needed to complete the application. B.

Review by Other Departments. The Director shall, as part of his review of the application, circulate copies of the proposed development agreement to those City departments having jurisdiction over the

development project to be undertaken pursuant to the development agreement for review and comment by such agencies. Copies of the application shall be forwarded to the City Attorney for review for compliance with the provisions of this chapter and for the preparation of a proposed ordinance authorizing the City Council to enter into a development agreement for action by the City Council upon hearing thereof as specified by this chapter.

C.

Director's Report. Within 60 days of receipt of the complete application for a proposed development agreement, the Director and the members of other City departments having jurisdiction over the development project shall review the complete application. At the end of this 60 day period, the Director shall submit a report and recommendation to the Planning Commission with regard to the proposed

agreement. The report and recommendation of the Director shall include any appropriate recommendations received by other City departments and the proposed form of ordinance prepared by the City Attorney authorizing the City Council to enter into a development agreement.

D.

Extension of Review Period. The 60 day review period specified in Section 18.104.110(C) may be unilaterally extended by the City or the qualified applicant to allow for additional processing of the development agreement.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A proposed development agreement, if it qualifies as a project under the California Environmental Quality Act and implementing regulations, shall be subject to environmental review.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Commission Hearing. The Planning Commission shall serve as the advisory agency on applications for proposed development agreement. Within 30 days of its receipt of the staff report and recommendation from the Director, the Planning Commission shall hold a public hearing on the application. Notice of the public hearing shall be given as provided in this chapter.

B.

Concurrent Hearings. The application for a proposed development agreement may be considered concurrently with applications, if any, related to the development project which is the subject of the

proposed development agreement, including but not limited to the following, which may be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information: 1.

Amendment of the City's General Plan;

2.

Amendment of the zoning title or zoning map;

3.

Specific Plan approval or amendment;

4.

Issuance of a conditional use permit, site development review approval, or other discretionary permit; 5.

Conditions imposed upon approval of a permit after discretionary review; 6.

Approval of and/or conditions imposed upon approval of a subdivision or parcel map or maps; 7.

The formation of any assessment district, benefit district, maintenance district, Mello-Roos community facilities or special benefit district, integrated financing district, or any other procedure, for the installation of required or necessary on-site or off-site improvements or infrastructure; and/or

8.

Mitigation measures imposed upon a development project after approval of an environmental impact report in which such mitigation measures have been proposed as a mechanism for eliminating or reducing environmental impacts, or the criteria for development of the project without such mitigation measures where specific economic, social or other considerations make such mitigation measures unfeasible or the benefits of the project outweigh the unavoidable adverse environmental effects.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Within 30 days after the public hearing has been closed by the Planning Commission, it shall render its decision in the form of a written recommendation to the City Council. Its report and recommendation, including proposed findings on the matters stated in Section 18.104.150(C), shall be forwarded to the City Council.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Council Hearing. Within 45 days after receipt of the written recommendation of the Planning Commission, the City Clerk shall set the matter for public hearing before the City Council.

B.

Council Action. After the City Council closes the public hearing, it shall approve by ordinance, modify by ordinance, or disapprove the proposed development agreement. The ordinance shall refer to and incorporate by reference the text of the development agreement. Matters not previously considered by the Planning Commission during its hearing may, but need not, be referred back to the Commission for report and recommendation. The Commission may, but need not, hold a public hearing on matters referred back to it by the City Council.

C.

Council Findings. The City Council shall not approve the proposed development agreement unless it finds in writing that the agreement:

1.

Is consistent with the objectives, policies, general land uses and programs specified in the City's General Plan, any applicable specific plan, and the regulations prescribed for the zoning district in which the development project is or will be located;

2.

Will not be detrimental to the health, safety and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole;

3.

Will not adversely affect the orderly development of property or the preservation of property values;

4.

Will facilitate the implementation of any applicable specific plan; and

5.

Is consistent with the provisions of Government Code Sections 65864 through 65869.5.

D.

Applicable Rules, Regulation and Official Policies. Except as otherwise set forth in the development agreement, the rules, regulations and official policies governing permitted uses of the land, governing

density, and governing design, improvement, and construction standards and specifications applicable to development of the property which is subject to a development agreement shall be those rules, regulations and official policies in force at the time of the execution of the agreement. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property as set forth herein, nor shall a development agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. As used in this subsection D, the phrase "do not conflict with" means does not prevent development of the land for the uses and to the density or intensity of development and within the time periods set forth in the development agreement.

E.

Subsequent Discretionary Actions. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development or within the time periods set forth in the development agreement.

F.

Development Phasing. The development agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. G.

Financing of Public Facilities. The development agreement may include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Form of Notice. The Director shall give notice of public hearings required by this chapter. The notice shall be in accordance with the provisions of Section 18.52.082, except as provided in subsection C of this section.

B.

Existing Law. The notice requirements referred to in subsection A of this section are declaratory of existing law, Government Code Section 65867. If State law hereafter prescribes a different notice requirement, notice shall be given in that manner.

C.

Notice for Modification or Termination. Notice of public hearings for modification or termination of a development agreement shall be as provided in Section 18.104.240 of this chapter. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendations or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Initiation. Either party may initiate a proposal to amend or cancel in whole or in part any development agreement. Any amendment or cancellation may only be by mutual consent of the parties.

B.

Procedure. Except as otherwise provided in this section, the procedure for proposing and adopting an amendment to or the cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement in the first instance. However, if the City initiates a proposed amendment to, or a cancellation in whole or in part of the agreement, the City shall first give written notice to the party executing the agreement of its intention to initiate such proceedings. Such notice shall be given not less than 30 days in advance of public notice of the hearing to consider an amendment or cancellation.

C.

Amendments Not Requiring Hearing. Any amendment to the development agreement which does not relate to the duration of the agreement, permitted uses of the property, density or intensity of use, timing of development, height or size of proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions and requirements relating to subsequent discretionary actions related to design, improvement or construction standards and specifications, or to any other condition or covenant relating to the use of the property, shall not require, at the discretion of the Director, a noticed public hearing before the parties execute such amendment.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Unless amended or cancelled pursuant to Section 18.104.180, a development agreement shall be enforceable by any party thereto notwithstanding any change in the City's General Plan or any applicable specific plan, zoning, subdivision, building regulation or other ordinance or resolution adopted by the City which alters or amends the rules, regulations or policies specified in Section 18.104.150(D).

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Within 10 days after the effective date of an ordinance approving a development agreement, or any modification or the cancellation thereof, the City Clerk shall have the agreement and the modification or cancellation notice recorded with the County Recorder.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

The City Clerk shall be the official custodian of the agreement file. Said file shall include an executed copy

of all development agreements and the originals of all exhibits, reports of periodic review, amendments and cancellations to the agreement.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

The City Council shall require the review of a development agreement every 12 months from the date the agreement is entered into by the Director, who shall review the agreement in order to ascertain the good faith compliance by the developer with its terms. The Director shall be responsible for setting the date for said review and shall give notice to the developer at least 30 days prior to such hearing. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006) A.

Finding of Compliance. If the Director finds good faith compliance by the developer with the terms of the development agreement, he shall issue a certificate of compliance, which shall be in recordable form and may be recorded by the developer in the official records. The issuance of a certificate of compliance by the Director and the expiration of the appeal period specified herein without appeal, or the confirmation by the City Council of the issuance of the certificate on such appeal, shall conclude the review for the applicable period and such determination shall be final.

B.

Finding of Noncompliance. If the Director, on the basis of substantial evidence, finds the developer has not complied in good faith with the terms of the development agreement, he shall specify in writing to the developer the respects in which the developer has failed to comply. The Director shall also specify a reasonable time for the developer to meet the terms of compliance. If such areas of noncompliance are not cured within the reasonable time limits as prescribed by the Director, the Director shall pursuant to the notice provisions of this chapter request that the City Council conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the development agreement. C.

Appeal. Any interested person may file an appeal of the issuance of a certificate of compliance to the City Council within 10 days after the certificate's issuance. The developer may also file an appeal to the City Council of the finding of the Director of noncompliance within 10 days after the giving of the notice of such determination.

D.

Hearing of Appeal. Upon appeal of a finding of noncompliance under subsection B of this section or the issuance of a certificate of compliance under subsection A of this section, the City Council shall conduct a public hearing and shall determine upon the basis of substantial evidence whether or not the developer has, for the period under review, substantially complied in good faith with the terms and conditions of the development agreement.

1.

If the City Council finds and determines on the basis of substantial evidence that the developer has substantially complied in good faith with the terms and conditions of the development agreement during the period under review, it shall direct the issuance of a certificate of compliance pursuant to subsection A of this section.

2.

If the City Council determines on the basis of substantial evidence that the developer has not substantially complied in good faith with the terms and conditions of the development agreement during the period under review, the City Council, on its own motion, may initiate proceedings to modify or terminate the agreement.

E.

Referral to Planning Commission. The Director may refer any review to be conducted by him to the Planning Commission. Such referral shall be made by the Director together with a staff report of referral, the Planning Commission shall conduct a noticed public hearing to determine the good faith compliance by the

developer with the terms of the development agreement in accordance with the provisions of this chapter and shall direct the issuance of a certificate of compliance pursuant to subsection A of this section, upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence pursuant to subsection B of this section. Any such decision by the Planning Commission shall be subject to appeal to the City Council in the same manner as any such decision by the Director. F.

he issuance of a certificate of compliance pursuant to subsection A of this section, upon a finding of good faith compliance, or make the determination of noncompliance on the basis of substantial evidence pursuant to subsection B of this section. Any such decision by the Planning Commission shall be subject to appeal to the City Council in the same manner as any such decision by the Director. F.

Administrative Hearing. The procedure herein for periodic review shall be conducted as an administrative hearing and shall be subject to review by administrative mandamus. (Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Hearing. If upon a finding pursuant to Section 18.104.230(D)(2) the City Council determines that modification of the development agreement is appropriate or that the agreement should be terminated, the City Council shall give notice to the developer of its intention to hold a public hearing to consider

modification or termination. This hearing shall be held not less than two weeks from the date the developer receives his notice. Such notice, which may be given at the conclusion of the hearing held pursuant to Section 18.104.230(D)(2), shall provide:

1.

The time and place of the public hearing;

2.

A statement as to whether the City Council proposes to terminate or to modify the development agreement and if the latter is proposed, the proposed modification; and

3.

Such other information which the City Council considers appropriate to inform the developer of the nature of the proceeding.

B.

Council Action. At the conclusion of the hearing to consider modification or termination, the City Council may refer the matter to the Planning Commission for a report and recommendation. Upon receipt of any such report or recommendation, the City Council will take final action on the proposed modification or termination. If the City Council elects to modify the development agreement, it shall modify the agreement only in a manner reasonably related to the lack of substantial compliance with the terms and conditions of the agreement by the developer.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

In the event that State or Federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

A.

Standard of Review. Any judicial review of the initial approval by the City of a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure; and judicial review of any City action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. The use of the phrase

cial review of the initial approval by the City of a development agreement shall be by writ of mandate pursuant to Section 1085 of the Code of Civil Procedure; and judicial review of any City action taken pursuant to this chapter, other than the initial approval of a development agreement, shall be by writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure. The use of the phrase

"substantial evidence" in this chapter with respect to the quantum of proof necessary in connection with a finding of noncompliance is not intended to limit nor impose a standard of review upon any court pursuant to a proceeding initiated for that purpose.

B.

Commencement. Any action or proceeding to attack, review, set aside, void or annul any decision of the City taken pursuant to this chapter shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of the decision.

(Ord. 55.297-88 § 2, 1988; Ord. 670-06 § 3, 2006)

Chapter 18.105 DEVELOPMENT IMPACT FEES (§ 18.105.010 – § 18.105.340)

Chapter 18.106 LANDMARK AND HISTORIC PRESERVATION (LHP) OVERLAY ZONE (§ 18.106.100 – § 18.106.420)

Chapter 18.112 WATER EFFICIENT LANDSCAPE (§ 18.112.010 – § 18.112.240)

The purpose and intent of this chapter is to:

A.

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

B.

Establish a structure for planning, designing, installing, maintaining and managing water efficient

landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

C.

Establish provisions for water management practices and water waste prevention for existing landscapes;

D.

Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

E.

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

F.

Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure;

G.

Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance;

H.

Utilize Bay-Friendly Landscaping, a whole systems approach to the design, construction and maintenance of the landscape, to conserve water; and

I.

Adopt the Bay-Friendly Landscape Guidelines, Bay-Friendly Rated Scorecard and Bay-Friendly Gardening Guide, as they may be amended from time to time, as agency reference documents. (Ord. 835-16 § 4, 2016)

A.

After December 1, 2015, this chapter shall apply to all of the following landscape projects:

1.

New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building permit, landscape permit, site development review approval or administrative site development review approval;

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, landscape permit, site development review approval or administrative site development review approval;

3.

Existing landscapes limited to Sections 18.112.190 and 18.112.200; and

4.

Cemeteries. Recognizing the special landscape management needs of cemeteries, new rehabilitated cemeteries are limited to Sections 18.112.050, 18.112.120 and 18.112.130; and existing cemeteries are limited to Sections 18.112.190 and 18.112.200.

B.

Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Section 18.112.230.

C.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section 18.112.230(B)(5).

D.

This chapter does not apply to:

1.

Registered local, state or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. 835-16 § 4, 2016)

For the purposes of this chapter, the following definitions shall apply:

"Alternative daily cover (ADC)"

means cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging.

"Applied water"

means the portion of water supplied by the irrigation system to the landscape.

"Automatic irrigation controller"

means a timing device used to remotely control valves that operate an irrigation system. Automatic

irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"Backfow prevention device"

means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

" - " Bay Friendly Landscape Guidelines

means the most recent version of the guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of landscapes. Agency staff shall maintain the most recent version of the "Bay-Friendly Landscape Guidelines" at all times.

" - " Bay Friendly Maintenance Manual

means the most recent version of the manual outlining Bay-Friendly maintenance practices administered by ReScape California.

" - " Bay Friendly Rated Scorecard

means the most recent version of the Bay-Friendly points system for landscaping administered by ReScape California.

"Certifcate of completion"

means the document required under Section 18.112.100.

"Certifed irrigation designer"

means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense Irrigation Designer Certification Program and Irrigation Association's Certified Irrigation Designer Program.

"Certifed landscape irrigation auditor"

means a person certified to perform landscape irrigation audits by an accredited academic institution, a

professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor Program.

• "Check valve" or "anti-drain valve"

means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"Common interest developments"

means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

• "Compost"

means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth

• "Construction and demolition debris"

means used or discarded materials removed from the site during construction, remodeling, repair or demolition operations on any pavement, building or other structure. It generally consists of wood, drywall, metals, concrete, dirt, cardboard, plastic pots and more. Waste associated with the demolition and construction of buildings on the site should be included; hazardous wastes are not included. "Conversion factor (0.62)"

means the number that converts acre-inches per acre per year to gallons per square foot per year.

"Distribution uniformity"

means the measure of the uniformity of irrigation water over a defined area.

"Drip irrigation"

means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Ecological restoration project"

means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Efective precipitation" or "usable rainfall (Eppt)"

means the portion of total precipitation which becomes available for plant growth. "Emitter"

means a drip irrigation emission device that delivers water slowly from the system to the soil.

"Established landscape"

means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

"Establishment period of the plants"

means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

"Estimated total water use (ETWU)"

means the total water used for the landscape as described in Section 18.112.050.

"ET adjustment factor (ETAF)"

means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

"Evapotranspiration rate"

means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

"Flow rate"

means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

"Flow sensor"

means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow

sensor/controller may also function as a landscape water meter or submeter.

"Friable"

means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

"Fuel Modifcation Plan Guideline"

means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

"Graywater"

means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.

"Hardscapes"

means any durable material (pervious and non-pervious).

"Hydrozone"

means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

"Infltration rate"

means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species"

means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

"Irrigation audit"

means an in-depth evaluation of the performance of an irrigation system conducted by a certified

landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification Program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing program.

"Irrigation efciency (IE)"

means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.

"Irrigation survey"

means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis"

means an analysis of water use data based on meter readings and billing data.

"Land clearing debris"

means trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing. Exception: vegetation or soil contaminated by toxic substances.

"Landscape architect"

means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

"Landscape area"

means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape contractor"

means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package"

means the documents required under Section 18.112.040.

"Landscape project"

means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 18.112.020.

"Landscape water meter"

means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

"Lateral line"

means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

"Local agency"

means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this chapter, including, but not limited to, approval of a permit or discretionary approval for a project.

"Local water purveyor"

means any entity, including a public agency, city, county, or private water company that provides retail water service. The local water purveyor for Union City is Alameda County Water District.

"Low volume irrigation"

means the application of irrigation water at low pressure through a system of tubing or lateral lines and lowvolume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Main line"

means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Master shut-of valve"

is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

"Maximum applied water allowance (MAWA)"

means the upper limit of annual applied water for the established landscaped area as specified in Section 18.112.050. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]. "Median"

is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

"Microclimate"

means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

"Mined-land reclamation projects"

means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch"

means any organic material such as leaves, arbor or wood chips, recycled wood waste, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"New construction"

means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

"Non-residential landscape"

means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

"Operating pressure"

means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. "Overhead sprinkler irrigation systems" or "overhead spray irrigation systems"

means systems that deliver water through the air (e.g., spray heads and rotors).

"Overspray"

means the irrigation water which is delivered beyond the target area.

"Parkway"

means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

"Permit"

means an authorizing document issued by the City for new construction or rehabilitated landscapes. "Pervious"

means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" or "plant water use factor"

is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the

plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or

professional associations as approved by the California Department of Water Resources (DWR).

"Project applicant"

means the individual or entity submitting a landscape documentation package required under Section 18.112.040, to request a building permit, landscape permit, site development review or administrative site development review approval from the City of Union City. A project applicant may be the property owner or designee.

"Rain sensor" or "rain sensing shutof device"

means a component which automatically suspends an irrigation event when it rains.

"Record drawing" or "as-builts"

means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area"

means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, pools or spas, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

"Recycled water," "reclaimed water," or "treated sewage efuent water"

means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo"

means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, as represented in Section 18.112.050 and Appendix A of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape

Ordinance. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

"Regional Water Efcient Landscape Ordinance"

means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

"Rehabilitated landscape"

means any re-landscaping project that requires a building permit, landscape permit, site development review or administrative site development review approvals, meets the requirements of Section 18.112.020, and the modified landscape area is equal to or greater than 2,500 square feet.

"Residential landscape"

means landscapes surrounding single or multifamily homes with four units or less. "Run off"

means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Sheet mulching"

means a layering system of cardboard, compost and mulch or other materials to enhance weed suppression or smother existing lawn for conversion to planting areas and provide soil building benefits.

"Soil moisture sensing device" or "soil moisture sensor"

means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

"Soil texture"

means the classification of soil based on its percentage of sand, silt, and clay.

"Special landscape area (SLA)"

means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

"Sprinkler head" or "spray head"

means a device which delivers water through a nozzle.

"Static water pressure"

means the pipeline or municipal water supply pressure when water is not flowing.

"Station"

means an area served by one valve or by a set of valves that operate simultaneously.

"Subsurface irrigation"

means irrigation placed either under the soil or under the mulch on top of the soil.

"Swing joint"

means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

"Submeter"

means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

"Turf"

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Turf alternative"

means a ground cover surface planted with tufted grass or sedge species such as Carex pansa. Turf alternatives require very low or low water use and no or minimal mowing.

"Valve"

means a device used to control the flow of water in the irrigation system.

"Water conserving plant species"

means a plant species identified as having a very low or low plant factor.

"Water feature"

means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window"

means the time of day irrigation is allowed.

"WUCOLS"

means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014. (Ord. 835-16 § 4, 2016)

A.

Prior to issuance of building or landscape permits, the project applicant shall submit two copies of the landscape documentation package to the City for review and approval, which shall include the following: 1.

Project information:

a.

Date;

b.

Project address and if available Assessor Parcel Number and /or Tract and Lot Number;

c.

Total landscape area (square feet);

d.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

e.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor; (typically Alameda County Water District) if the applicant is not served by a private well;

f.

Checklist of all documents in landscape documentation package;

g.

Project contacts to include name and contact information for the project applicant and property owner; and h.

Applicant signature and date with statement, "I agree to comply with the requirements of Chapter 18.112 and submit a complete Landscape Documentation Package."

Water efficient landscape worksheet in accordance with the provisions listed in Section 18.112.050 that includes the following information:

a.

Hydrozone information table;

b.

Water budget calculations;

i.

Maximum applied water allowance (MAWA); and

ii.

Estimated total water use (ETWU).

3.

Soil management report in accordance with the provisions listed in Section 18.112.060.

Landscape design plan in accordance with the provisions listed in Section 18.112.070. 5. Irrigation design plan in accordance with the provisions listed in Section 18.112.080.

Grading design plan (if applicable) in accordance with the provisions listed in Section 18.112.090. B.

Upon approval of the landscape documentation package by the City, the project applicant shall: 1.

Include approved landscape documentation package in building permit or landscape permit plan set submitted for building permit or landscape permit issuance.

2.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or designee; and

3.

Submit a copy of the water efficient landscape worksheet to the Alameda County Water District. (Ord. 835-16 § 4, 2016)

A.

Project applicant shall complete the water efficient landscape worksheet listed in Appendix B of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential

areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance (MAWA) is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA:

1.

In calculating the MAWA and ETWU, the following ETo values from the Reference Evapotranspiration Table, which are also listed in Appendix A of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance shall be used:

B.

Water budget calculations shall adhere to the following requirements:

1.

The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

2.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3.

All special landscape areas shall be identified and their water use calculated as shown in Appendix B of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance.

4.

ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. (Ord. 835-16 § 4, 2016)

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, as follows:

A.

Submit soil samples to a laboratory for analysis and recommendations.

1.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2.

The soil analysis shall include:

a.

Soil texture;

b.

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

c.

pH;

d.

Total soluble salts;

e.

Sodium;

f.

Essential nutrients;

g.

Percent organic matter; and

h.

Recommendations for amending the soil with compost to bring the soil organic matter to a minimum of 6% by dry weight and incorporating organic fertilizers to recommended levels for planting area. Acceptable organic fertilizers and amendment products are those allowed for use in crop production by at least one of the following: Organic Materials Review Institute's Generic Materials List; California Department of Food and Agriculture's Organic Input Materials Program; or U.S. Department of Agriculture's National Organic Program 3. Specifications for protecting topsoil, ameliorating soil limitations, such as ripping the soil to alleviate soil compaction, and incorporating compost and/or amendments as per recommendations in the soil analysis report.

3.

In projects with multiple landscape installations (i.e. production home developments), a soil sampling rate of one in seven lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

B.

The project applicant, or designee, shall comply with one of the following:

1.

If significant mass grading is not planned, the soil management report shall be submitted to the City of Union City as part of the landscape documentation package; or

2.

If significant mass grading is planned and a grading permit is required from the Public Works Department, the soil management report shall be submitted to the City of Union City as part of the certificate of completion.

C.

The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

D.

The project applicant, or designee, shall submit documentation verifying implementation of the soil management report recommendations to the City of Union City with the certificate of completion. (Ord. 835-16 § 4, 2016)

A.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

Construction and Demolition Debris. Applicable projects are required to divert (reuse or recycle) 50% by weight of all construction and demolition (C&D) debris from construction demolition and renovation projects

plus 100% of excavated soil and plant and land clearing debris. Contaminated materials, excavated soil and land clearing debris should not be calculated as part of the 50% diversion. Alternative daily cover (ADC) is not an acceptable form of diversion for plant material.

2.

Plant Material.

a.

The estimated total water use of selected plants in the landscape area shall not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following: i.

Protection and preservation of native species and natural vegetation;

ii.

Selection of water-conserving plant, tree and turf species, especially local native plants; iii.

Selection of plants based on local climate suitability, disease and pest resistance;

iv.

Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;

v.

Selection of plants from local and regional landscape program plant lists; and

vi.

Selection of plants from local Fuel Modification Plan Guidelines.

b.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 18.112.080(A)(2)(e).

c.

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

i.

Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; ii.

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; accommodate their minimum spread (according to a published third-party reference), of plants installed adjacent to buildings, sidewalks, roads or other obstructions; and

iii.

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d.

Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

e.

Turf is not allowed in multifamily and non-residential areas unless it is a recreational area. Turf is allowed in single-family residential areas as long as the water budget is met.

f.

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

g.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

h.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. At a minimum it is required that species listed in the California Invasive Plant Council's "Don't Plant a Pest" brochure as invasive in the project's region are not installed.

i.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

3. Water Features.

a.

Recirculating water systems shall be used for water features.

b.

Where available, recycled water shall be used as a source for decorative water features.

c.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

d.

Pool and spa covers are highly recommended.

4.

Soil Preparation, Mulch and Amendments.

a.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. b.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 18.112.060).

c.

For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. If organic matter is less than 6% the project may choose to add enough compost to bring the organic matter content to 6% per soil lab recommendations. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling. Organic matter must be confirmed by an accredited soil testing laboratory. Projects that incorporate sheet mulching may choose to install the compost above the cardboard layer instead of tilling it into the soil. Projects that are sheet mulching lawn in place are exempt from the tilling requirement.

d.

A minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, areas receiving closely spaced plugs as a turf alternative or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

e.

Stabilizing mulching products shall be used on slopes that meet current engineering standards. f.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

g.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

B.

The landscape design plan, at a minimum, shall:

1.

Delineate and label each hydrozone by number, letter, or other method;

2.

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; 3.

Identify recreational areas;

4.

Identify areas permanently and solely dedicated to edible plants;

Identify areas irrigated with recycled water;

6.

Identify type of mulch and application depth;

7.

Identify soil amendments, type, and quantity;

8.

Identify type and surface area of water features;

9.

Identify hardscapes (pervious and non-pervious);

10.

Identify location, installation details, and 24 hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 18.112.170.

Identify any applicable rain harvesting or catchment technologies as discussed in Section 18.112.070 and their 24 hour retention or infiltration capacity;

Identify any applicable graywater discharge piping, system components and area(s) of distribution; 13.

Identify conformance with landfill diversion verification requirement listed in Part 2 of the certificate of completion;

14.

Contain the following statement: "I have complied with the criteria listed in Chapter 18.112 of the Union City Municipal Code and applied them for the efficient use of water in the landscape design plan"; and 15.

Bear the signature of a licensed landscape architect. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) (Ord. 835-16 § 4, 2016)

A.

This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

1.

System.

a.

Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:

i.

A customer service meter dedicated to landscape use provided by the local water purveyor; or

ii.

A privately owned meter or submeter.

b.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

c.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. i.

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressureregulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

ii.

Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the

design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

d.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

e.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

f.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the Alameda County Water District regulations for additional backflow prevention requirements.

g.

Flow sensors (flow meters) that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5,000 square feet or larger.

h.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

i.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

j.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

k.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

l.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 18.112.050 regarding the maximum applied water allowance.

m.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

n.

It is highly recommended that the project applicant inquire with the Alameda County Water District about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

o.

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

p.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

q.

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

r.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

s.

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur. t.

Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produce no runoff or overspray.

u.

Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

i.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

ii.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or iii.

The irrigation designer specifies an alternative design or technology, as part of the landscape

documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 18.112.080 (A)(1)(i). Prevention of overspray and runoff must be confirmed during the irrigation audit.

v.

Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

2.

Hydrozone.

a.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b.

Plants in biotreatment soils shall be on a separate valve.

c.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

d.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

e.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

i.

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

ii.

The plant factor of the higher water using plant is used for calculations. f.

Individual hydrozones that mix high and low water use plants shall not be permitted.

g.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the sample water efficient landscape worksheet listed in Appendix B of the California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance. This can also assist with the irrigation audit and programming the controller. B.

The irrigation design plan, at a minimum, shall contain:

1.

Location and size of separate water meters for landscape;

2.

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

3.

Static water pressure at the point of connection to the public water supply;

4.

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station (valve);

5.

Recycled water irrigation systems as specified in Section 18.112.150;

6.

The following statement: "I have complied with the criteria listed in Chapter 18.112 of the Union City Municipal Code and applied them accordingly for the efficient use of water in the irrigation design plan"; and

7.

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

(Ord. 835-16 § 4, 2016)

A.

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

1.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

a.

Height of graded slopes;

b.

Drainage patterns;

c.

Pad elevations;

d.

Finish grade; and

e.

Stormwater retention improvements, if applicable.

2.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

a.

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes;

b.

Avoid disruption of natural drainage patterns and undisturbed soil; and

c.

Avoid soil compaction in landscape areas.

3.

The grading design plan shall contain the following statement: "I have complied with the criteria of Chapter 18.112 and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

(Ord. 835-16 § 4, 2016)

A.

The certificate of completion shall include the following seven elements:

1.

Project information sheet that contains:

a.

Date;

b.

Project name;

c.

Project applicant name, telephone, and mailing address; d.

Project address and location; and

e.

Property owner name, telephone, and mailing address.

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package:

a.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification; b.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes;

3.

Irrigation scheduling parameters used to set the controller (see Section 18.112.110);

4.

Landscape and irrigation maintenance schedule (see Section 18.112.120);

5.

Irrigation audit report (see Section 18.112.130);

6.

Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see Section 18.112.060); and

7.

Landfill diversion verification Section 18.112.070).

B.

Prior to issuance of a certificate of occupancy in the case of a building permit or a final sign-off in the case of a landscape permit, the project applicant shall:

1.

Submit the signed certificate of completion to the City for review and approval;

a.

If the certificate of completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. 2.

Ensure that copies of the approved certificate of completion are submitted to the Alameda County Water District and property owner or designee.

(Ord. 835-16 § 4, 2016)

A.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

1.

Irrigation scheduling shall be regulated by automatic irrigation controllers.

2.

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from those stipulated by the Alameda County Water District,

the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4.

Parameters used to set the automatic controller shall be developed and submitted for each of the following: a.

The plant establishment period;

b.

The established landscape; and

c.

Temporarily irrigated areas.

5.

Each irrigation schedule shall consider for each station all of the following that apply:

a.

Irrigation interval (days between irrigation);

b.

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

c.

Number of cycle starts required for each irrigation event to avoid runoff;

d.

Amount of applied water scheduled to be applied on a monthly basis;

e.

Application rate setting;

f.

Root depth setting;

g.

Plant type setting;

h.

Soil type;

i.

Slope factor setting;

j.

Shade factor setting; and

k.

Irrigation uniformity or efficiency setting. (Ord. 835-16 § 4, 2016)

A.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

D.

A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

E.

It is highly recommended that the Bay-Friendly Maintenance Manual be used as an official reference document in the landscape maintenance contract and/or with on-site landscape staff. (Ord. 835-16 § 4, 2016)

A.

All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

B.

In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven lots or approximately 15% will satisfy this requirement.

C.

For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 18.112.020:

1.

The project applicant shall submit an irrigation audit report with the certificate of completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; 2.

The local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (Ord. 835-16 § 4, 2016)

For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

(Ord. 835-16 § 4, 2016)

A.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

B.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

C.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0.

(Ord. 835-16 § 4, 2016)

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 18.112.020(C) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.

(Ord. 835-16 § 4, 2016)

A.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

B.

Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.

C.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 18.112.070(A)(4).

D.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: the one inch, 24 hour rain event or the 85th percentile, 24 hour rain event, and/or additional capacity as required by any applicable local, regional, State or Federal regulation.

E.

It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

1.

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas. 2.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

3.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

4.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

5.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

6.

Incorporate infiltration beds, swales, basins and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

(Ord. 835-16 § 4, 2016)

A.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

1.

A local agency or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

B.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

1.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to

landscaping such as using native plants, graywater systems, and rainwater catchment systems.

2.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. 835-16 § 4, 2016)

A.

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

1.

For all landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not

exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

2.

For all landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

B.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (Ord. 835-16 § 4, 2016)

A.

Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

B.

Restrictions regarding overspray and runoff may be modified if:

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. (Ord. 835-16 § 4, 2016)

A local agency may consider effective precipitation (25% of annual precipitation) in tracking water use and

may use the following equation to calculate maximum applied water allowance:

MAWA= (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas. MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

(Ord. 835-16 § 4, 2016)

A.

Reporting for all agencies will be due by January 31st of each year. Reports shall be submitted to the Department of Water Resources and shall address the following:

1.

Clarify whether the adopted regulations are contained in a single agency ordinance or a regional agency alliance ordinance, and the date of adoption or anticipated date of adoption.

2.

Define the reporting period. All local agency reporting will be for the calendar year.

3.

State if using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and are there any exemptions specified?

4.

State the entity responsible for implementing the provisions listed in Chapter 18.112.

State number and types of projects subject to the ordinance during the specified reporting period.

6.

State the total area (in square feet or acres) subject to the provisions listed in Chapter 18.112 over the reporting period, if available.

7.

Provide the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.

8.

Describe the procedure for review of projects subject to Chapter 18.112.

Describe actions taken to verify compliance.

Describe enforcement measures.

11.

Explain challenges to implementing and enforcing the provisions listed in Chapter 18.112. 12.

Describe educational and other needs to properly apply the provisions listed in Chapter 18.112. (Ord. 835-16 § 4, 2016)

A.

The following provisions contain prescriptive requirements which may be used as an alternative compliance option to the requirements listed in this chapter for landscapes measuring between 500 to 2,500 square feet.

B.

Compliance with the following items is mandatory and must be documented on a landscape plan, prepared by a licensed landscape architect in order to use the prescriptive compliance option:

1.

Submit a landscape documentation package which includes the following elements:

a.

Date;

b.

Project applicant;

c.

Project address (if available, parcel and/or lot number(s));

d.

Total landscape area (square feet), including a breakdown of turf and plant material;

e.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

f.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

g.

Contact information for the project applicant and property owner; and

h.

Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option as an alternative to the provisions listed in Chapter 18.112."

2.

Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test).

3.

Plant material shall comply with all of the following;

a.

For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water. For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water;

b.

At a minimum it is required that species listed in the California Invasive Plant Council's "Don't Plant a Pest" brochure as invasive in the project's region are not installed; and

c.

A minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, groundcover areas receiving closely spaced plugs as a lawn alternative, or direct seeding applications where mulch is contraindicated.

Turf shall comply with all of the following:

a.

Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in nonresidential areas.

b.

Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length;

c.

Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.

5.

Irrigation systems shall comply with the following:

a.

Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

b.

Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

c.

Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.

d.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

e.

All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

f.

Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

6.

For non-residential projects with landscape areas of 1,000 square feet or more, a private submeter(s) to measure landscape water use shall be installed.

7.

Alameda County regulations prohibit disposal of plant debris in county landfills. Plant debris shall be separated from other waste materials and dropped off at facilities with clean green processing for compost or put in green plant debris carts.

C.

At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.

(Ord. 835-16 § 4, 2016)

The City shall charge a plan check and permit issuance fee for review of a project's compliance with this chapter and issuance of a building or landscape permit.

(Ord. 835-16 § 4, 2016)

Chapter 18.114 WIRELESS TELECOMMUNICATION FACILITIES (§ 18.114.010 – § 18.114.130)

The purpose and intent of these regulations are to provide a uniform and comprehensive set of standards for the development, location, siting and installation of wireless telecommunication facilities. The regulations are designed to promote and protect the public health, safety and welfare and the visual quality of the City of Union City while allowing the appropriate development of telecommunication activities throughout the City.

(Ord. 731-10 § 2, 2010)

A.

Except as indicated below, this chapter shall apply to all wireless telecommunication facilities within any zoning district. Proposals that do not meet the standards below shall be subject to the requirements of this chapter.

B.

The following shall be exempt from the requirements of this chapter:

1.

Antennas designed to receive video programming signals from direct broadcast satellite services, multichannel multipoint distribution providers, or television broadcast stations, provided that all of the following conditions are met:

a.

The antenna measures 39.7 inches (one meter) or less in diameter,

b.

If the antenna is mounted on a mast, the mast must measure less than 12 feet in height. In residential zoning districts, roof-mounted antennas may be allowed up to a maximum height of 40 feet,

c.

The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation,

d.

The antenna is not located on a site or building with historical significance, as demonstrated by its inclusion on any list of historical sites officially adopted by any local, State, or Federal governmental body, except with administrative use permit approval for residentially zoned properties, and

e.

To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way;

2.

Amateur radio antennas and associated antenna structures in residential zoning districts, as provided in Chapter 18.32;

Minor modifications of existing wireless telecommunication facilities, whether emergency or routine, provided there is little or no change in the visual appearance; and

4.

Antennas and equipment cabinets or rooms completely located inside of a structure and whose purpose is to enhance communications within the structure;

5.

City owned and operated facilities.

(Ord. 731-10 § 2, 2010; Ord. 764-11 § 2, 2011)

Words and phrases used in these regulations have the definitions and interpretations set forth in this section. Words and phrases not defined in this section but defined elsewhere in this code shall be given the meanings established by this code. In the case of a conflict between the definitions set forth in this chapter and those established elsewhere in this code, the definitions set forth in this chapter shall govern for the purpose of implementation of these regulations. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

"Antenna"

means any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, or is portable or movable. Antenna includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

"Direct broadcast satellite service"

means a system in which signals are transmitted directly from a satellite to a small receiving dish.

"Electromagnetic"

means an electromagnetic wave, which is an electrical wave propagated by an electrostatic and magnetic field of varying intensity.

"Emission"

means the electromagnetic energy propagated from a source by radiation or conduction.

"Height"

means, when referring to monopoles, or other structures determined by the Director to be similar, the distance measured from existing grade below the center of the base of the tower to the top of the tower

itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. When referring to façade or building-mounted antennas, the height shall include the height of that portion of the building on which the antenna is mounted. In the case of crank-up or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.

"Monopole"

means a single pole structure erected on the ground to support antennas and connecting appurtenances. "Owner" or "operator"

means the person, entity or agency primarily responsible for installation and maintenance of the wireless telecommunication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

"Radio frequency (RF)"

means electromagnetic energy with wave lengths between the audio range and the light range.

Electromagnetic waves transmitted usually are between 500 kHz (kiloHertz—one thousand hertz) and 300

GHz (gigaHertz—one billion cycles per second).

"Readily visible"

means that an object can be seen from public view (including, but not limited to, the public right-of-way, public parks, public trails, public recreation areas, and parking areas open to the public), and distinguished as an antenna or other component of a wireless telecommunication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. For antennas co-located on legally existing monopoles that are readily visible from public view, the best available techniques to camouflage, disguise and/or blend them into the surroundings shall be incorporated to the extent feasible.

"Structure ridgeline"

means the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens.

"Wireless telecommunication facilities"

means a facility that transmits and/or receives electromagnetic signals, including, but not limited to, antennas, microwave dishes, parabolic antennas, directional antennas, cable conduit and connectors, and other types of equipment for the transmission or reception of such signals, including towers or similar structures supporting the equipment, equipment pads, equipment buildings, shelters, cabinets, parking area and other accessory development.

"Wireless telecommunication facilities, co-located"

means a wireless telecommunication facility owned or operated by a telecommunication service provider which is located on an existing monopole or other freestanding facility. (Ord. 731-10 § 2, 2010)

A.

Where indicated with the letters "AUP," the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters "UP," the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with the letters "ASD," the use requires administrative site development review. The administrative site development review procedure is described in Chapter 18.72. Where indicated with a dash (–), the use is not allowed.

B.

If the proposed wireless telecommunication facility would substantially modify an existing building, the Director may require site development review.

C.

The Director may approve minor modifications and aesthetic upgrades that do not increase the size or visibility of any legally established wireless telecommunication facility, subject to compliance with any existing conditions of approval.

(Ord. 731-10 § 2, 2010; Ord. 903-22 § 4, 2022)

All wireless telecommunication facilities shall meet the following general requirements:

A.

At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment that reduces visual and noise impacts to the maximum extent feasible, consistent with current industry practices for new installations.

B.

Proposed facilities shall not eliminate parking spaces that are necessary for other existing uses on the site.

C.

No new overhead services or overhead extensions of main lines to a wireless telecommunication facility shall be permitted.

D.

Monopoles proposed as the sole, or primary, use of a property shall be discouraged. Monopoles should be designed as an accessory use on a property.

E.

In accordance with the requirements of Chapter 18.16, Nonconforming Buildings, Structures, and Uses, wireless telecommunication facilities shall not be permitted on nonconforming structures, except on legal nonconforming monopoles, subject to compliance with all other requirements of this chapter. F.

Additional Standards for Co-Locations on Monopoles and other Freestanding Facilities.

1.

So as to avoid the visual impact of multiple telecommunications facilities, it is the policy of the City that available co-located and multiple-user wireless telecommunication facilities be used instead of a new wireless telecommunication facility when such use is technically feasible and appropriate;

2.

The decisionmaker may limit the number of wireless telecommunication facilities at a given site in order to prevent negative impacts (visual, noise, traffic, etc.) associated with multiple facilities. (Ord. 731-10 § 2, 2010)

A.

All wireless telecommunication facilities shall be located so as not to be readily visible and shall meet the following requirements:

1.

No wireless telecommunication facility or ancillary support equipment shall be located within any setback or between the face of a building and a public right-of-way except for approved stealth façade-mounted equipment and facilities that are completely subterranean.

2.

All setback distances shall be measured from the projection closest to the applicable property line or structure.

3.

Where feasible, wireless telecommunication facilities shall be located on property that has been improved with other utility service providers' facilities, such as water tanks and other utility structures. B.

Additional Standards for Monopoles.

1.

Monopoles shall be set back at least 20% of the monopole height from all property lines.

2.

No monopole shall be installed closer than one-half (0.5) mile from any existing monopole unless technologically required (technical evidence shall be submitted to the Director showing a clear need for this wireless telecommunication facility and the infeasibility of co-locating it at an existing site).

3.

Monopoles shall not be located within 300 feet of any residentially zoned property.

4.

Monopoles shall not be located within 300 feet of any public trail, park, or outdoor recreation area. 5.

Monopoles shall be set back a minimum of 300 feet from major arterials, including Alvarado-Niles Road, Dyer Street, Decoto Road, Whipple Road, Union City Boulevard, Mission Boulevard, Alvarado Boulevard, Lowry Road, 11th Street, and the East/West Connector.

C.

Co-locations on monopoles and other freestanding facilities shall not be located within 300 feet of any public trail, park, or outdoor recreation area.

(Ord. 731-10 § 2, 2010)

A.

All wireless telecommunication facilities shall be constructed at the minimum height possible to serve the operator's service area.

B.

No wireless telecommunication facility shall exceed or project above the height limit specified for the district in which it is located, except co-locations on electrical transmission lattice towers, which may extend or project up to 12 feet above the height of the existing tower. Only one such height extension per electrical transmission tower shall be permitted.

(Ord. 731-10 § 2, 2010)

A.

All wireless telecommunication facilities shall meet the following design requirements:

1.

All wireless telecommunication facilities shall be designed and located so as not to be readily visible, by means of design, placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner or operator's coverage or capacity objectives.

2.

Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed of nonreflective materials. Facilities shall be painted or textured using colors to match or blend with the primary background. Attached antennas (antennas affixed to an existing structure that is not considered a component of the attached antenna) shall be painted and/or textured to match the existing support structure. For multiple-user facilities, architectural and other camouflaging treatment shall be coordinated between all users on each site.

3.

All equipment shelters or cabinets shall be concealed from public view or made compatible with the architecture of surrounding structures, or placed underground. Where feasible, equipment shall be located within existing utility rooms. If the decisionmaker determines that an equipment cabinet is not or cannot be

adequately screened from surrounding properties and from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground unless the decisionmaker finds that such placement is not feasible or consistent with the objectives of this chapter and other applicable requirements.

4.

Existing on-site landscaping shall be preserved or improved, and disturbance of the existing topography shall be minimized unless such disturbance would result in reduced visual impact. Additional landscaping, which may include trees, shrubs, vines, and groundcover, shall be planted as needed to minimize the visual impact of the wireless telecommunication facility.

5.

Wireless telecommunication facility lighting shall be designed to meet but not exceed minimum requirements for security, safety, or FAA regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties.

6.

No advertising shall be placed on telecommunication antennas or other equipment.

All wireless telecommunication facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The decisionmaker may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of location and/or accessibility, a facility has the potential to become an attractive nuisance. B.

Additional Standards for Building and Roof-Mounted Facilities.

1.

Building-mounted antennas and any ancillary equipment shall not be permitted unless they are in scale and architecturally integrated and camouflaged with the building design in such a manner as to be visually unobtrusive.

2.

Where feasible, antennas should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

3.

Roof-mounted antennas shall be screened from public view and located the maximum distance from the edge of the roof as technologically feasible.

(Ord. 731-10 § 2, 2010)

All wireless telecommunication facilities shall comply at all times with the following operation and maintenance standards. Failure to comply with these standards constitutes a violation of the Zoning Ordinance and may result in permit revocation.

A.

Each owner or operator of a wireless telecommunication facility shall obtain and maintain current at all times a business license issued by the City.

B.

Each wireless telecommunication facility shall install and maintain conspicuous signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to Director approval. Contact information shall be kept current.

C.

Wireless telecommunication facilities shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed

from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of notification by the City.

D.

Each owner or operator of a wireless telecommunication facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, shrubs, vines, groundcover, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Director for approval. E.

Each wireless telecommunication facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 8:00 p.m. on Monday through Friday; 9:00 a.m. and 8:00 p.m. on Saturday; and 10:00 a.m. and 6:00 p.m. on Sunday and holidays. Backup generators shall only be

operated during periods of power outages or for testing. All facilities shall comply with the noise limits set forth in this title and the General Plan.

F.

Each owner or operator of a wireless telecommunication facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.

(Ord. 731-10 § 2, 2010)

All wireless telecommunication facilities shall meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the Federal or State government with the authority to regulate radio frequency emissions of wireless telecommunication facilities. If such standards and regulations are changed, then the owners of

the wireless telecommunication facilities governed by this chapter shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal or State agency. Failure to bring wireless telecommunication facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner or operator's expense. (Ord. 731-10 § 2, 2010)

Within 30 days of cessation of operations of any wireless telecommunication facility, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do so, the property owner shall be responsible for removal.

(Ord. 731-10 § 2, 2010)

In addition to meeting the standard application submittal requirements for required permits, which are specified in Chapter 18.54, Administrative Use Permits; Chapter 18.56, Use Permits; Chapter 18.72, Administrative Site Development Review; and Chapter 18.76, Site Development Review, applications for wireless telecommunication facilities pursuant to this chapter, shall include the information set forth in this section. The Director may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning approval.

A.

Coverage Map and General Information.

1.

A narrative description and map showing the coverage area of the provider's existing facilities that serve customers in Union City and the specific site that is the subject of the application.

A statement of the telecommunication objectives sought for the proposed location, including but not limited to, whether the proposed wireless telecommunication facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant's service area, whether it is the least intrusive means of doing so, and whether there are any alternative sites that would have fewer impacts while providing comparable service. B.

Technical Information.

1.

Copies of, or a sworn statement by an authorized representative of the owner and/or operator that applicant holds all applicable licenses or other approvals required by the FCC, PUC, and any other agency of the Federal or State government with authority to regulate telecommunication facilities that are required in order for the applicant to construct the proposed wireless telecommunication facility. 2.

of, or a sworn statement by an authorized representative of the owner and/or operator that applicant holds all applicable licenses or other approvals required by the FCC, PUC, and any other agency of the Federal or State government with authority to regulate telecommunication facilities that are required in order for the applicant to construct the proposed wireless telecommunication facility. 2.

Documentation of, or a sworn statement by an authorized representative that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless telecommunication facilities proposed to be installed, and engineering calculations demonstrating that the proposed wireless telecommunication facility will comply with all applicable FCC requirements and standards.

3.

A radio frequency (RF) emissions report, prepared by a licensed professional engineer or other qualified professional, indicating that the proposed site will operate within the current acceptable thresholds as established by the Federal government or any such agency that may be subsequently authorized to establish such standards.

C.

Visibility.

1.

A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed wireless telecommunication facility will be camouflaged or rendered not readily visible.

2.

A visual impact analysis including scaled elevations that include all structures on which facilities are proposed to be located, before and after-photo simulations, and a map depicting where the photos were taken.

3.

If a monopole is proposed, the application shall include:

a.

Identification of all alternative sites, including existing monopoles and other freestanding facilities and those for which there are applications currently on file with the City. If co-location on any such monopole or other freestanding facility would result in less visual impact than the visual impact of the proposed wireless telecommunication facility, the applicant shall justify why such co-location is not being proposed.

b.

Justification of why proposed height and visual impact of structures cannot be lessened on proposed site, or by use of alternate and/or additional sites.

c.

Demonstration that service cannot be provided without a monopole.

D.

Peer Review.

1.

The Director is explicitly authorized at his or her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted, including those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party, except as may be required by State law.

2.

Upon request, the application shall also include a deposit for a third-party peer review in an amount sufficient to cover the reasonable actual cost and the reasonable administrative fee for hiring an approved

engineer to perform the work.

E.

The Director may require information concerning noise (i.e., noise analysis) that might be generated by equipment associated with a wireless telecommunication facility, if the physical circumstances of the proposed facility suggest that such noise may be detrimental.

(Ord. 731-10 § 2, 2010)

A.

All of the following findings are required for approval of any use permit, administrative use permit, site development review, or administrative site development review under this chapter: 1.

That the proposed project is consistent with the requirements of this chapter;

2.

That the proposed wireless telecommunication facility will not be readily visible, unless it is demonstrated that it is not technically feasible to incorporate additional measures that would make the facility not readily visible; and

3.

That the wireless telecommunication facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant's service area, and is the least intrusive means of doing so. B.

The above findings must be based on substantial information in the record such as, technical analysis by an approved radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence.

(Ord. 731-10 § 2, 2010)

Chapter 18.115 REASONABLE ACCOMMODATION (§ 18.115.010 – § 18.115.060)

The purpose of this chapter is to provide a procedure for individuals with disabilities to apply for reasonable accommodation in seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act ("Acts") and to provide individuals with disabilities reasonable accommodation as it relates to land use and zoning regulations, policies, practices, and procedures. (Ord. 796-14 § 2, 2014)

A.

An application for reasonable accommodation shall be submitted on a City-provided application form or letter by any person with a disability or his/her representative, when the application of a land use or zoning regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B.

An application for reasonable accommodation may include a modification or exception to the regulations, policies, practices or procedures for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice.

C.

A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site unless conditioned by the City.

D.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

(Ord. 796-14 § 2, 2014)

A.

An application for reasonable accommodation shall be submitted on an application form provided by the Economic and Community Development Department or in the form of a letter to the Economic and Community Development Department Director, and shall contain:

1.

The applicant's name, address, and telephone number;

2.

Address of the property for which the application is being made;

3.

The current use of the property;

4.

The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

5.

Zoning or land use regulation policy, or procedure from which reasonable accommodation is being applied for; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

If the project for which the reasonable accommodation application is being made requires some other discretionary approval (including Use Permit, Site Development Review, etc.), then the applicant shall file the information required by subsection A of this section for concurrent review with the application for discretionary approval.

C.

An application for reasonable accommodation shall be reviewed by the Economic and Community

Development Department Director or his/her designee, if no approval is sought other than the application for reasonable accommodation. The Director or his/her designee shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny an application for reasonable accommodation.

D.

An application for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the decision maker for that discretionary application. (Ord. 796-14 § 2, 2014)

The written decision to grant or deny an application for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

A.

Whether the housing will be used by a person with a disability under the Acts;

B.

Whether the application for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

C.

Whether the reasonable accommodation would impose an undue financial, administrative or enforcement burden on the City;

D.

Whether the reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. 796-14 § 2, 2014)

In granting an application for reasonable accommodation, the decision maker, including the Economic and Community Development Director or his/her designee, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was applied for no longer resides on the site. (Ord. 796-14 § 2, 2014)

A.

Any person dissatisfied with the Economic and Community Development Department Director's determination on a reasonable accommodation application may submit an appeal application consistent with the provisions of Section 18.52.087, Zoning Administrator decision and appeals.

B.

Any person dissatisfied with the Planning Commission's determination on a reasonable accommodation application may submit an appeal application consistent with the provisions of Section 18.52.088, Planning Commission decision and appeals.

(Ord. 796-14 § 2, 2014)

Chapter 18.116 HOUSING ELEMENT (HE) OVERLAY ZONE (§ 18.116.010 – § 18.116.030)

The purpose of this chapter is to establish a Housing Element (HE) Overlay Zone to:

A.

Provide a mechanism for implementation of the City's adopted Housing Element. B.

Ensure compliance with Government Code Section 65583.2(h), which requires a minimum density of 20 dwelling units per acre be permitted on sites rezoned to demonstrate capacity for very low and low-income households.

(Ord. 815-16 § 4, 2016)

All regulations in this title prescribed for the base district, including any criteria applicable to a specific geographic location (i.e., Mission Boulevard, Historic Alvarado District, etc.), shall apply and shall be augmented by the maximum site area per dwelling unit regulations prescribed in this chapter. In cases of conflict, the provisions of this chapter shall take precedence.

(Ord. 815-16 § 4, 2016; Ord. 850-18 § 4, 2018)

In addition to the minimum 1,450 square feet of gross site area per dwelling unit established by Section 18.32.060 for the RM 1500 base zoning, sites located in the HE overlay zone shall provide a maximum of 2,178 square feet of site area per dwelling unit. This range of 1,450 to 2,178 square feet of site area per dwelling unit corresponds to a density range of 20 to 30 dwelling units per acre.

(Ord. 815-16 § 4, 2016; Ord. 837-17 § 4, 2017)

Chapter 18.117 COMMERCIAL CANNABIS BUSINESSES (§ 18.117.010 – § 18.117.100)

The purpose of this chapter is to impose zoning restrictions on various commercial cannabis uses authorized and licensed by the State of California pursuant to State law. This chapter is not intended to give any person or entity independent legal authority to operate a commercial cannabis use. It is intended to impose zoning restrictions regarding commercial cannabis businesses that may operate in the City pursuant to the Union City Municipal Code and State law. This chapter is in addition to any other business license and regulatory requirements imposed on cannabis businesses by this Code or other applicable State law. If a commercial cannabis use is not specifically permitted in this chapter it is not allowed in any zone within the City.

(Ord. 847-17 § 4, 2017)

Nothing in this chapter shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or State law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Alameda County District Attorney's office, the Attorney General of the State of California or the United States of America.

(Ord. 847-17 § 4, 2017)

"Cannabis"

means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including, but not limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26001(f), as both may be amended. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other

compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

"Indoor cannabis cultivation"

means cultivation of cannabis using exclusively artificial lighting.

"Mixed-light cannabis cultivation"

means cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.

• "Outdoor cannabis cultivation"

means cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. Outdoor cultivation does not include greenhouses, hoop houses, hot houses or similar structures.

"Cannabis dispensary" or "dispensary"

means any commercial cannabis facility, whether fixed or mobile, operated in accordance with State and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis, products as part of a retail sale, operated pursuant to a cannabis license Type 10, or a cannabis license type subsequently established.

"Cannabis distribution facility"

means the location or a facility, whether fixed or mobile, where a person conducts the business of procuring, selling, and transporting cannabis, and the inspection, quality assurance, storage, labeling, packaging and other related processes. This facility requires a cannabis license Type 11, or a cannabis license type subsequently established.

"Cannabis license"

means a State license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") or a subsequently applicable State law.

"Cannabis licensee"

means a person issued a State license under MAUCRSA to engage in commercial cannabis uses or activity.

"Cannabis manufacturer"

means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or medical cannabis products or labels or re-labels its container, that holds a cannabis license Type 6 or 7, or a cannabis license type subsequently established.

"Cannabis manufacturing facility"

means a facility operated by a cannabis manufacturer for the manufacturing of cannabis.

"Cannabis nursery"

means a cannabis licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

"Cannabis testing service" or "cannabis testing laboratory"

means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, that holds a cannabis license Type 8,

or a cannabis license type subsequently established.

"Commercial cannabis permit," "cannabis permit," or "permit"

means a permit issued by the City pursuant to Chapter 5.44 for the operation of a commercial cannabis use within the City.

"Commercial cannabis use"

means any commercial cannabis activity licensed pursuant to the MAUCRSA, including, but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. "Commercial cannabis use" also means any cannabis activity licensed pursuant to additional State laws regulating such businesses. Commercial cannabis uses shall not include legal medical cannabis or cannabis activities carried out exclusively for one's personal use that do not involve commercial activity or sales.

"Microbusiness"

means a commercial cannabis facility operating under a cannabis license Type 12, or a cannabis license type subsequently established, and meeting the definition of microbusiness pursuant to Business and Professions Code Section 26070(a)(3)(A), as may be amended, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer. (Ord. 847-17 § 4, 2017)

A.

Commercial cannabis uses are prohibited from operating in all zoning districts in the City except as expressly permitted by and in conformance with the provisions of this chapter as well as Chapter 5.44.

B.

All commercial cannabis uses permitted by this chapter must, prior to establishing and operating any such commercial cannabis use, obtain and maintain at all times a valid cannabis license, as may be applicable, and any local permit, license, variance or other entitlement required by this Code, including a commercial cannabis permit.

C.

All commercial cannabis uses permitted by this chapter must comply with distance and setback requirements of this Code, including Title 18 and Chapter 5.44, and any established conditions of approval with a commercial cannabis permit.

D.

No commercial cannabis use may operate without a commercial cannabis permit issued by the City. E.

The City is not obligated to issue commercial cannabis permits, but may do so pursuant to Chapter 5.44. (Ord. 847-17 § 4, 2017)

Cannabis manufacturing facilities are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

(Ord. 847-17 § 4, 2017)

Cannabis testing services are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

(Ord. 847-17 § 4, 2017)

Cannabis distribution facilities are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zone:

A.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

(Ord. 847-17 § 4, 2017)

A.

Indoor cannabis cultivation and mixed-light cannabis cultivation is permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

1.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

2.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

B.

Outdoor cannabis cultivation for commercial purposes is prohibited in all zoning districts.

(Ord. 847-17 § 4, 2017)

Cannabis dispensaries, including non-storefront retail cannabis businesses, are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including

administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

C.

Neighborhood Commercial (CN) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

D.

Community Commercial (CC) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

E.

Visitor and Recreation Commercial (CVR) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

F.

Professional and Administrative Commercial (CPA) District, subject to any applicable requirements of Chapter 18.36 (Commercial Districts).

G.

Union Landing Commercial District (CUL), subject to any applicable requirements of Chapter 18.36, Commercial District Regulations, and Chapter 18.39, Union Landing Commercial (CUL) District. The cannabis dispensary/retail use shall not be allowed in the Office Commercial Development (OC) area or the Community Commercial Development (CC) area of the Union Landing Commercial District. Additionally, no more than one cannabis permit may be issued for the Union Landing Commercial District. (Ord. 847-17 § 4, 2017; Ord. 880-20 § 3, 2020; Ord. 909-22 § 4, 2022)

Microbusinesses are permitted subject to the requirements of this section, the granting of, and compliance with all provisions of, a commercial cannabis permit issued pursuant to Chapter 5.44, and any other required permits or approvals including administrative site development review pursuant to Chapter 18.72 or site development review pursuant to Chapter 18.76, in the following zones:

A.

Light Industrial (ML), subject to any applicable requirements of Chapter 18.40, Article II, ML (Light Industrial) District Regulations.

B.

Special Industrial (MS), subject to any applicable requirements of Chapter 18.40, Article III, MS (Special Industrial) District Regulations.

(Ord. 847-17 § 4, 2017)

Chapter 18.118 PERSONAL CULTIVATION OF CANNABIS (§ 18.118.010 – § 18.118.060)

The purpose of this chapter is to impose zoning restrictions on the personal cultivation of cannabis pursuant to State law. This chapter is not intended to interfere with a patient's right to use medical cannabis pursuant to State law, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by State law. This chapter is not intended to give any person or entity independent legal authority to operate a cannabis business, as it is intended simply to impose zoning restrictions regarding personal cultivation of cannabis in the City pursuant to this Code and State law.

(Ord. 846-17 § 4, 2017)

Nothing in this chapter shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or State law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Alameda County District Attorney's office, the Attorney General of the State of California or the United States of America.

(Ord. 846-17 § 4, 2017)

"Cannabis"

means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has

psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26001(f), as both may be amended. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other

compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

"Cannabis cultivation"

means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

"Personal cultivation"

means cannabis cultivation conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this Code and State law, including, but not limited to, Health and Safety Code Sections 11362.1 and 11362.2, as may be amended. Personal cultivation also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted

by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with State law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

"Indoor cannabis cultivation"

means cultivation of cannabis using exclusively artificial lighting.

"Mixed-light cannabis cultivation"

means cultivation of cannabis using any combination of natural and supplemental artificial lighting.

Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.

"Outdoor cannabis cultivation"

means cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. Outdoor cultivation does not include greenhouses, hoop houses, hot houses or similar structures.

"Primary caregiver"

shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as may be amended. "Qualifying patient" or "qualifed patient"

shall have the same meaning as set forth in Health and Safety Code Section 11362.7, as may be amended.

"Medical cannabis" or "medicinal cannabis"

means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.), the Medical Cannabis Regulation and Safety Act (Business and Professions Code Section 19300 et seq.) and the Medicinal and Adult Use Cannabis Regulation and Safety Act.

(Ord. 846-17 § 4, 2017)

Personal cultivation, indoor cannabis cultivation and mixed-light cannabis cultivation for personal use is permitted on private residences and accessory structures to all private residences within all zoning districts, subject to all of the following minimum standards:

A.

All indoor cannabis cultivation and mixed-light cannabis cultivation for personal use, including by a qualified patient or primary caregiver, shall occur at a private residence or accessory structure to a private residence, as those terms are defined in Chapter 18.08.

B.

No more than six cannabis plants total, per private residence, may be cultivated indoors or outdoors (or a combination of both) by either a qualified patient, primary caregiver, or an individual over 21 years old at each private residence regardless of the number of qualified patients or adults 21 and older who reside at such private residence. For example, a qualified patient or adult over the age of 21 may grow three plants outdoors and (3) plants indoors for a total of six plants maximum at one private residence.

C.

Medical cannabis shall only be cultivated by:

1.

A qualified patient exclusively for his or her own personal medical use but who does not sell medical cannabis to any other person and who can provide a written doctor's recommendation to the City; or

2.

A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765(c).

D.

For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons 21 years of age or older. The cumulative total of cannabis plants on the property of a private residence, indoor and outdoor, shall not exceed six cannabis plants, regardless of the number of persons residing at the private residence.

E.

Indoor cannabis cultivation and mixed-light cannabis cultivation of medical and nonmedical cannabis for personal use may occur inside a private residence and/or an accessory building or structure on the same parcel, subject to the following restrictions:

1.

Structures and equipment used for indoor cannabis cultivation and/or mixed-light cannabis cultivation, such as indoor grow lights, shall comply with all applicable zoning, building, electrical and fire code regulations as adopted by the City.

2.

All accessory buildings and structures used for indoor cannabis cultivation and/or mixed-light cannabis cultivation shall comply with the locational and other requirements set forth in Title 18.

3.

Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s) or bathroom(s).

4.

No exterior evidence of cannabis cultivation occurring at the property shall be discernible from the public right-of-way.

5.

A tenant must have written landlord approval to engage in personal cultivation of cannabis.

6.

Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.

7.

Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this Code.

8.

The cultivation area shall not be accessible to minors.

F.

Indoor cannabis cultivation and mixed-light cannabis cultivation for personal use shall comply with all requirements of State law in addition to any requirements imposed by this Code.

(Ord. 846-17 § 4, 2017)

Outdoor cannabis cultivation for personal use is permitted at all private residences and accessory structures to all private residences within all zoning districts of the City, subject to all of the following minimum standards:

A.

Outdoor cannabis cultivation is only permitted in a rear or side yard that is entirely enclosed by a solid, opaque fence at least six feet high that is associated with a private residence or an accessory dwelling unit.

B.

The height of the cannabis plants shall not exceed the standard fence height applicable to the parcel, or six feet, whichever is less.

C.

The cannabis plants shall be placed at a minimum setback of 10 feet from the edge of canopy to the property line.

D.

No exterior evidence of cannabis cultivation occurring at the property shall be visible from the public rightof-way.

E.

The cumulative total of cannabis plants outside and inside shall not exceed six cannabis plants, regardless of the number of adults 21 and older, qualified patients, and primary caregivers residing at the private residence.

F.

Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis.

G.

Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this Code.

H.

Outdoor cannabis cultivation shall not be permitted at private residences where minors reside.

I.

Outdoor cannabis cultivation for personal use shall comply with all requirements of State law in addition to any requirements imposed by this Code.

(Ord. 846-17 § 4, 2017)

A.

Nuisance. Any violation of this chapter is declared to be a public nuisance and may be abated by the City pursuant to this Code.

B.

Penalty. A violation of this section shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney. However, notwithstanding anything in this Code to the contrary, persons violating this section shall not be subject to criminal liability under this Code solely to the extent such conduct or condition is immune from criminal liability pursuant to State law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.), or the Adult Use of Marijuana Act, as they may be amended. This section does not prohibit the City from abating violations of this section by any administrative, civil or other noncriminal means. In such cases, a violation of this section may be considered the civil or administrative equivalent of an infraction or misdemeanor as applicable.

(Ord. 846-17 § 4, 2017)