Union City City Zoning Code
CHAPTER 18
36 COMMERCIAL DISTRICTS
§ 18.36.010 Use-Bulk regulations.
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:
Chapter 18.04—General Provisions |
Chapter 18.16—Nonconforming Buildings, Structures and Uses |
Chapter 18.24—Bulk Regulations |
Chapter 18.28—Off-street Parking and Loading |
Chapter 18.30—Sign Regulations |
Chapter 18.35—Corridor Mixed Use Commercial (CMU) District |
Chapter 18.39—Union Landing Commercial (CUL) District |
Chapter 18.52—Administration |
Chapter 18.54—Administrative Use Permit |
Chapter 18.56—Use Permits |
Chapter 18.60—Variance Permits |
Chapter 18.72—Administrative Development Review |
Chapter 18.76—Site Development Review |
Chapter 18.106—Landmark and Historic Preservation (LHP) Overlay Zone |
(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)
§ 18.36.015 Purpose.
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.
(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)
§ 18.36.020 Permitted uses.
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:
PERMITTED USES | CPA | CN | CC | CVR |
|---|---|---|---|---|
Apparel and accessory stores | X | X | X | |
Automobile sales (new vehicles only) | X | |||
Bakeries with retail sales | X | X | ||
Banks/savings and loans (excluding check cashing businesses) | X | X | X | |
Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops) | X | X | X | X |
Cannabis dispensary/retail* | X | X | X | X |
Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than 50 through the Uniform Building Code | X | X | X | X |
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 | X | X | X | |
Food, fast food/quick service restaurant, in-line only | X | X | ||
Food, full service/sit down restaurant | X | X | X | X |
Food, retail and carry out food store | X | X | ||
Sidewalk cafés and private sidewalk cafés associated with food service uses subject to the provisions of Section 18.36.190 | X | X | X | X |
Food stores, excluding convenience markets | X | X | ||
Furniture and home furnishings | X | |||
General merchandise/retail stores | X | X | ||
Health services (medical, dental, physical therapy and pharmacies) | X | X | X | X |
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A) | X | X | X | X |
Lodges and meeting halls | X | X | ||
Lodging (hotel and motel) | X | |||
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances) | X | X | ||
Miscellaneous limited retail typically found in office buildings or hotels | X | X | ||
Nurseries and garden stores (without outdoor storage) | X | X | ||
Office | X | X | X | X |
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.) | X | X | X | X |
Pet grooming (no overnight boarding of animals) | X | X | ||
Public buildings and grounds | X | X | ||
Residential uses, within the Mission Boulevard neighborhood, located above ground floor commercial uses | X | X | ||
Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots | X | X | X | |
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 | X | X | X | X |
(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)
§ 18.36.030 Conditional uses.
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).
CONDITIONAL USES | CPA | CN | CC | CVR |
|---|---|---|---|---|
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site | X | X | X | |
Adult day care facilities | X | |||
Child day care facilities | X | X | X | |
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code | X | X | ||
Live music (amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(B) | X | X | X | X |
Outdoor dining patios subject to the provisions of Section 18.36.190 | X | X | X | X |
Outdoor flower display along the street frontage of a permanently established florist in Union City | X | X | ||
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 | X | |||
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 | X | X | X | X |
B.
Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
CONDITIONAL USES | CPA | CN | CC | CVR |
|---|---|---|---|---|
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility | X | |||
Arcades, computer gaming, pool rooms/halls | X | |||
Automotive sales—Used vehicles, permitted only in conjunction with new car sales | X | |||
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners | X | |||
Bars, comedy clubs, nightclubs, and lounges | X | X | X | |
Body art | X | X | ||
Check cashing | X | |||
Church uses with existing buildings built for and previously occupied by a church | X | |||
Convenience markets | X | X | ||
Cybercafé | X | X | ||
Discount clubs | X | |||
Drive-in/drive-through uses | X | X | ||
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code | X | X | ||
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce | X | |||
Food, fast food/quick service restaurant, stand alone | X | X | ||
Guns and/or ammunition sales | X | |||
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) | X | X | ||
Hospitals, sanitariums and nursing homes | X | X | ||
Liquor stores | X | X | ||
Lodging (hotel and motel) | X | |||
Lumber or other building materials with outdoor storage or display | X | |||
Massage | X | X | X | |
Mortuaries, crematoriums and funeral homes | X | |||
Nurseries and garden stores with outdoor storage | X | |||
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks | X | X | ||
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" | X | |||
Service stations with the following operational characteristics: | ||||
1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least 3 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 | X | X | ||
2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog check | X | |||
3. The rental of trailers as an incidental part of the service station operation | X | |||
4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station | X | X | ||
5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement | X | X | ||
Superstores | X | |||
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 | ||||
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 | X | X | X | X |
(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)
§ 18.36.040 Tobacco products.
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)
§ 18.36.050 Required conditions.
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:
2.
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:
1.
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.
(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. 531-99 § 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)
§ 18.36.060 Site area.
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)
§ 18.36.070 Frontage, depth and width of site.
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)
§ 18.36.080 Coverage.
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)
§ 18.36.090 Front yard.
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)
§ 18.36.100 Side yards.
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)
§ 18.36.110 Rear yard.
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. 906-22 § 4, 2022)
§ 18.36.120 Height of structures.
No structure shall exceed the height as prescribed in the following table:
DISTRICT | ||||
|---|---|---|---|---|
CPA | CN | CC | CVR | |
Height limit (in feet) | 100 | 30 | 100 | 100 |
(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)
§ 18.36.140 Off-street loading.
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:
Gross Nonresidential Floor Area | Required Number | ||
|---|---|---|---|
1 | to | 10,000 sq. ft. | 1 |
10,001 | to | 25,000 sq. ft. | 2 |
25,001 | to | 40,000 sq. ft. | 3 |
40,001 | to | 100,000 sq. ft. | 4 |
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.
(Ord. 55-64 § 7.13, 1964; Ord. 492-96 § 3, 1996; Ord. 636-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)
§ 18.36.150 Off-street parking.
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;
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)
§ 18.36.160 Joint use of parking spaces.
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. 906-22 § 4, 2022)
§ 18.36.170 Landscaping.
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. 768-12 § 2, 2012; Ord. 906-22 § 4, 2022)
§ 18.36.190 Outdoor dining standards.
A.
The following standards are applicable to all outdoor dining areas:
1.
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.
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)
§ 18.36.195 Standards for live music at full service/sit down restaurants.
The following standards shall apply in the following Zoning Districts: CPA, CC, CN, CVR, VMU, CSMU, CUL, MMU, SEMU-R, SEE, and other districts as specified in the district regulations.
A.
Non-amplified live music at full service/sit down restaurants 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:
1.
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.
4.
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.
6.
The maximum occupant load shall be clearly posted.
7.
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.
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.
11.
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)
§ 18.36.200 Design criteria.
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)
§ 18.36.210 Special criteria for superstores.
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)