Union City City Zoning Code
CHAPTER 18
32 RESIDENTIAL DISTRICTS
§ 18.32.010 Use-Bulk regulations.
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:
Chapter 18.04—General Provisions |
Chapter 18.08—Definitions |
Chapter 18.16—Nonconforming Buildings, Structures and Uses |
Chapter 18.24—Bulk Regulations |
Chapter 18.30—Sign Regulations |
Chapter 18.33—Affordable Housing |
Chapter 18.52—Administration |
Chapter 18.56—Use Permits |
Chapter 18.60—Variance Permits |
Chapter 18.72—Administrative Development Review |
Chapter 18.76—Site Development Review |
Chapter 18.96—Hillside Combining (-H) District |
Chapter 18.100—511 Area District |
Chapter 18.106—Landmark and Historic Preservation (LHP) Overlay Zone |
Chapter 18.116—Housing Element (HE) Overlay Zone. |
(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)
§ 18.32.015 Purpose.
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)
§ 18.32.020 Permitted uses.
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;
8.
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;
12.
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.
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)
§ 18.32.030 Conditional uses.
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)
§ 18.32.040 Walls, fences and hedges.
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 six-foot 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.
2.
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)
§ 18.32.045 Decks and balconies.
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.
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:
1.
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)
§ 18.32.050 Minimum site area.
A.
The minimum site area shall be as prescribed in the following table:
District | Site Area |
|---|---|
RS 10000 | 10,000 square feet |
RS 8000 | 8,000 square feet |
RS 7000 | 7,000 square feet |
RS 6000 | 6,000 square feet |
RS 4500 | 4,500 square feet |
RM 3500 | 7,000 square feet |
RM 2500 | 6,000 square feet |
RM 1500 | 6,000 square feet |
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)
§ 18.32.060 Site area per dwelling unit.
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.
District | Site Area per Dwelling Unit (in square feet) |
|---|---|
RM 3500 | 3,500 |
RM 2500 | 2,500 |
RM 1500 | 1,4501 |
1 | Sites located in the Housing Element (HE) Overlay Zone shall provide 1,450 to 2,178 square feet of site area per dwelling unit as required by Chapter 18.116. |
(Ord. 55-64 § 6.5, 1964; Ord. 55.239-81 § 3, 1981; Ord. 457-95 § 2, 1995; Ord. 609-03 § 2, 2003; Ord. 670-06 § 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)
§ 18.32.070 Frontage, width and depth of site.
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:
District | Inside Lot | Corner Lot |
|---|---|---|
RS 10000 | 80 | 90 |
RS 8000 | 70 | 80 |
RS 7000 | 65 | 75 |
RS 6000 | 60 | 70 |
RS 4500 | 45 | 55 |
RM 2500 | 60 | 70 |
RM 1500 | 60 | 70 |
RM 3500 | 70 | 80 |
(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)
§ 18.32.080 Lot coverage.
The maximum site area covered by all structures located on the site shall be as prescribed in the following table:
District | Coverage |
|---|---|
RS 10000 | 50% |
RS 8000 | 50% |
RS 7000 | 50% |
RS 6000 | 50% |
RS 4500 | 50% |
RM 3500 | 70% |
RM 2500 | 70% |
RM 1500 | 80% |
(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)
§ 18.32.090 Front yard.
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. 670-06 § 3, 2006; Ord. 900-22 § 4, 2022; Ord. 917-23, 9/26/2023)
§ 18.32.100 Side yards.
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. 670-06 § 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)
§ 18.32.105 Rear yards.
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. 712-08 § 2, 2008; Ord. 917-23, 9/26/2023)
§ 18.32.110 Special building lines.
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)
§ 18.32.115 Landscaped areas.
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 non-residential 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. 768-12 § 2, 2012; Ord. 917-23, 9/26/2023)
§ 18.32.120 Height of structures.
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)
§ 18.32.125 Design criteria.
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.
3.
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:
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.
e.
Where chimney extensions are involved, the extension shall conform in design and materials with the existing chimney.
3.
Windows and Glazing.
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.
5.
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:
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;
2.
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 |
(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
§ 18.32.130 Distance between main structures.
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)
§ 18.32.150 Off-street loading.
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. 917-23, 9/26/2023)
§ 18.32.160 Off-street parking.
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:
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)
§ 18.32.170 Mailboxes.
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. 670-06 § 3, 2006)
§ 18.32.180 Single-family dwelling-Restoration.
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)
§ 18.32.190 Special provisions for amateur radio antennas and antenna structures.
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)