Union City, CA Zoning Ordinance

Union City City Zoning Code

CHAPTER 18

38 STATION MIXED USE COMMERCIAL CSMU DISTRICT

§ 18.38.010 Purpose.

The purpose of the station mixed use commercial (CSMU) district is to establish a mixed use town center/central business district of high-density residential, commercial, office, and research and development uses that will serve as an important regional center, while providing strong pedestrian connections throughout the district. This zoning district is designed to facilitate the achievement of the following objectives:

To create an environment surrounding the intermodal facility that is mixed use and transit-oriented and has good connectivity with the rest of the City;

To ensure that the station district includes opportunities for research and development; office; commercial; high-density, mixed-income residential; ground floor retail; and community uses;

To promote land uses and urban design that maximize transit use and minimize automobile dependence;

To ensure that the intermodal facility is the nucleus of a vibrant, transit-oriented mixed use district that is a community and regional destination;

To provide a pedestrian-friendly atmosphere with development that minimizes parking impacts on the quality of the streetscape and the neighborhood;

To attract local-serving businesses to the area to support and balance residential, office, and research and development (R and D) uses in the district;

To guide all new development in the station district in such a way as to ensure harmony with existing and potential uses both within the station district and in adjacent neighborhoods.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.020 Permitted uses.

The following uses shall be permitted:

Accessory dwelling units consistent with Chapter 18.34.

Civic facilities.

Commercial uses incorporated into the ground floor as part of a residential or office mixed use development including:

Art Studios;

Banks/savings and loans, excluding check cashing businesses;

Body art;

Business services, such as photocopying services and small printing shops, computer and data processing, graphic design, sign shops;

Civic facilities;

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

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

Food stores, up to 25,000 square feet, excluding convenience markets;

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

10.

Health services, such as medical, dental, optical, physical therapy and pharmacies;

11.

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

12.

Offices uses;

13.

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

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

Office mixed use developments with ground floor commercial uses identified in Section 18.38.020(C).

Residential mixed use developments with ground floor commercial uses identified in Section 18.38.020(C).

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

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 761-11 § 5, 2011; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 809-15 § 4, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

§ 18.38.030 Conditional uses.

Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

Adult and child day care facilities;

Educational and instructional uses, such as business, beauty, computer, dance, martial arts, tutorial services;

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

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

Outdoor activities located in private and public plazas;

Outdoor displays in conjunction with an existing adjacent business;

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

Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

Bars and nightclubs.

Commercial recreation facilities.

Convenience markets.

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

Massage uses located on the ground floor in mixed use developments.

Hotels.

Research and development (R and D)/flex space with no nuisance characteristics.

Live/work units in compliance with Section 18.38.032.

Transportation facilities, such as heliports and bus transfer facility or passenger rail facilities.

10.

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

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 708-08 § 2, 2008; Ord. 731-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 806-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

§ 18.38.032 Permitted and conditional uses for live/work units.

Purpose. The purpose of live/work units is to allow the flexible use of space for joint residential occupancy and nonresidential activity (as live/work is defined in Section 18.08.298 of the Municipal Code) to meet the changing needs of the Union City community and to encourage small, independent, and creative businesses and artistic endeavors. The City strongly encourages commercial uses in live/work units.

Location. The location of live/work units shall be determined through the conditional use permit process with approval by the City Council.

Uses. The following list the uses that shall be permitted or conditionally permitted in live/work units.

Use	Permitted	Conditional - Zoning Administrator Approval
Artisans (custom tailoring and dress making and sales, custom shoe making and sales, cottage food operators consistent with the California Homemade Food Act, artisanal food making, photography studios, multi-media production)	X
Apparel and accessory stores	X
Bakeries (not consistent with the California Homemade Food Act)		X
Business services (copy and small print shops, graphic design, sign shops)	X
Cybercafé		X
Educational and instruction (including, but not limited to, business, computer, dance, martial arts)		X
Florist	X
Food, fast food/quick service restaurant, in-line only		X
Food, full service/sit down restaurant		X
Food, retail and carry out food store, in-line only		X
Food stores, excluding convenience markets	X
Furniture and home furnishings	X
General merchandise/retail stores	X
Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A)	X
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B)		X
Miscellaneous small repair services (including, but not limited to, computers, bikes, watches, clocks, jewelry)	X
Nurseries and garden stores	X
Office, professional	X
Outdoor dining/seating areas		X
Outdoor displays or activities		X
Personal service, non-touch (including, but not limited to, laundry and dry cleaning with pick up and drop off only, shoe repair, travel agency, tailor)	X
Personal service, touch (including, but not limited to, beauty parlor, nail salon, body art)		X
Pet grooming (no overnight boarding of animals)	X

(Ord. 803-15 § 3, 2015; Ord. 809-15 § 4, 2015)

§ 18.38.035 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."

(Ord. 728-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.040 Performance standards.

Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the City Council may approve, in its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses. Live/work units shall comply with Section 18.38.032.

There shall be no greater than 15% net loss of total commercial space in any future redevelopment within the district, with a focus on retaining retail anchors such as grocery stores and drugstores.

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

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

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

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

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

In addition to the above listed performance standards, the following shall apply to live/work units.

Units may be used for: residential occupancy only; a combination of residential and work (nonresidential uses); or work only. The City strongly encourages commercial uses in the live/work units.

The nonresidential uses shall not conflict with the development's surrounding or adjacent residential uses and shall not be detrimental or harmful to the residential uses.

The units' exteriors shall not be altered without review and approval by the City, other than for signage, which shall be governed by the development's Sign Plan.

Units that are used for residential use, in whole or in part, shall at all times maintain a complete kitchen space, bathroom facilities, egress and ventilation in compliance with applicable building codes.

For units that are lofts, there shall remain at all times a visual and physical openness between the main floor and the loft area in compliance with applicable building codes.

The commercial component shall be restricted to the unit and shall not be conducted outside the unit, in the garage or any accessory structure, except as approved by the Zoning Administrator with an administrative use permit. Exterior storage is prohibited.

There shall be no excessive odors, noise, glare, vibration, or electrical interference detectable to the normal sensory perception of nearby neighbors. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

Access for the commercial component shall be: located on the ground level, oriented to the public street or public walkway.

All nonresidential uses, including home occupations, shall obtain a business license prior to operation, in compliance with Title 5 of the Union City Municipal Code.

10.

Nonresidential uses in live/work units shall be subject to periodic inspections by the City's fire, building, and health and safety personnel from 9:00 a.m. to 5:00 p.m. on all days except Saturdays, Sundays, and City holidays.

11.

Maintenance standards or conditions, covenants and restrictions (CC&Rs) shall be prepared for any new development and shall be approved by the Economic and Community Development Department. Said maintenance standards or CC&Rs shall, at a minimum, provide for overall self-governance of common areas. Neither the maintenance standards nor the CC&Rs shall give approval or denial authority over the nonresidential uses in the live/work units.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 731-10 § 2, 2010; Ord. 739-10 § 1, 2010; Ord. 771-12 § 8, 2012; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.050 Walls, fences, and hedges.

Walls, fences, or hedges over three feet in height are subject to review and approval through the administrative site development review or site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.060 Minimum site area.

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

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.070 Density/site area per dwelling unit.

A minimum of 100 units per acre and a maximum of 165 units per acre is permitted. The minimum site area per dwelling unit shall be 264 square feet.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 765-11 § 2, 2011; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.080 Site floor area ratio.

For all nonresidential uses, the minimum floor area ratio (FAR) shall be 1.0, however the FAR may be reduced to a minimum of 0.5 on previously developed sites that do not meet the minimum 1.0 FAR and where the previously developed sites are proposed for redevelopment at a higher FAR than the previous development, and the maximum shall be 4.2. However, no FAR minimum is required for nonresidential uses in live/work units and for nonresidential uses as part of a mixed use development.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 843-17 § 4, 2017; Ord. 903-22 § 4, 2022)

§ 18.38.090 Frontage, width and depth of site.

Every lot shall have a minimum street frontage width of at least 100 feet and a minimum depth of 200 feet.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.100 Lot coverage.

The amount of the site area covered by structures shall not be restricted.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.110 Front yard.

Front yard setbacks shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment. On Decoto Road, the front yard setback shall be 20 feet from the property line.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.120 Side yards.

Interior side yard setbacks shall not be required. Street side yard setbacks shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.130 Rear yards.

Rear yards shall not be required, except that street rear yards shall be 15 feet from the face of the parking curb to ensure a comfortable pedestrian environment.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.140 Height of structures.

The minimum height of buildings shall be three stories and the maximum height of buildings shall be 14 stories or one hundred sixty feet (160) feet, excluding mechanical penthouses and elevator towers; provided, that they do not exceed 25% of the roof area of the building. Buildings higher than five stories or 65 feet shall require approval of a use permit.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.150 Design criteria.

All development shall comply with Section 18.24.050.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 672-06 § 2, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

§ 18.38.160 Distance between main structures.

No distance between structures shall be required.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015)

§ 18.38.180 Signs, marquees, awnings.

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

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.190 Off-street parking.

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

Vehicular Parking Requirements	Minimum Off-Street Parking Requirements	Maximum Off-Street Parking Allowed
Residential
Multifamily development on BART Property	None	.5 space/dwelling unit
Affordable Housing (Outside of BART Property)	.5 space/bedroom	1.0 space/dwelling unit
Multifamily development (Outside of BART property)	1.0 space/dwelling unit	1.0 space/dwelling unit
Non-residential
Office uses on BART Property	None	1.0 space/650 sq. ft.
Office uses (Outside of BART Property)	1.0 space/300 square feet	1.0 space/250 sq. ft.
R&D uses	1.0 space/400 square feet	1.0 space/250 sq. ft.
Retail Uses	1.0 spaces/300 square feet	1.0 spaces/200 square feet
Other Uses	See Section 18.36.050	See Section 18.36.050

Notes:
1.	Parking standards on BART property authorized by Public Utilities Code Sections 29010.1—29010.12.
2.	Tandem parking spaces can be substituted for regular parking spaces in residential developments up to 10% of the required parking demand.
3.	Consistent with Government Code Section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within 1/2 mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.

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

For retail uses on the ground floor as part of a mixed-use development, no additional automobile parking is required.

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 683-07 § 9, 2007; Ord. 719-09 § 2, 2009; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.195 Bicycle parking.

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

Bicycle Parking Requirements	Short-Term Bicycle Parking Requirements	Long-Term Bicycle Parking Requirements
Multi-family residential on BART property¹	1 space/20 dwelling units Minimum of 2 spaces	1 space/1 dwelling units
Multi-family residential	1 space/20 dwellings units Minimum of 2 spaces	1 space/4 dwelling units Minimum of 2 spaces
Retail	1 space/3,000 square feet	1 space/10,000 square feet
Office, R&D, and other nonresidential uses	1 space/8,000 square feet Minimum of 2 spaces	2 space/4,000 square feet

Note:
1.	Bicycle parking standards on BART property authorized by Public Utilities Code Sections 29010.1—2901.12.

Required facilities shall be designed and installed in conformance with the design 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 marker.

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

§ 18.38.200 In-lieu parking fees.

Where a public parking fund exists for the purpose of developing public parking, applicants may make an in-lieu payment for construction, maintenance and operation of public off-street parking instead of providing off-street parking spaces as required by this chapter subject to approval by the decision maker and issuance of a use permit pursuant to Chapter 18.56. The fee shall be pursuant to resolution of the City Council. In-lieu payments under this section shall be used for the purposes set forth in the ordinance establishing public parking funds

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022)

§ 18.38.210 Loading.

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

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

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

(Ord. 624-04 § 2, 2004; Ord. 670-06 § 3, 2006; Ord. 739-10 § 1, 2010; Ord. 803-15 § 3, 2015; Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

§ 18.38.240 Mix of uses.

Land use densities and mix of uses (residential, retail, office and light industrial) for the CSMU district shall be consistent with the General Plan. Ground floor retail is permitted throughout the district as part of any residential or commercial development.

The existing Union Square Office Park at the corner of Decoto Road and Union Square shall be retained for high-density office and commercial uses and the Verandas Apartments shall be retained for high-density residential uses.