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Union City City Zoning Code

CHAPTER 18

26 MARKETPLACE MIXED USE MMU DISTRICT

§ 18.26.010 Purpose.

The purpose of the Marketplace Mixed Use (MMU) district is to establish a vibrant, walkable Citywide commercial destination with community-serving and specialty retail, dining, and entertainment uses with a complementary mix of residential, office, and other uses.
(Ord. 903-22 § 4, 2022)

§ 18.26.020 Permitted uses.

The following uses shall be permitted:
A. 
Accessory dwelling units consistent with Chapter 18.34.
B. 
Civic facilities.
C. 
Commercial uses, located in a stand-alone/in-line building, or incorporated into the ground floor of a residential or office mixed use development, including:
1. 
Art studios;
2. 
Body art;
3. 
Banks/savings and loans, excluding check cashing businesses;
4. 
Business services;
5. 
Civic facilities;
6. 
Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than 50 through the Uniform Building Code;
7. 
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than 50 through the Uniform Building Code;
8. 
Fitness uses with an occupant load of less than 50 under the Uniform Building Code;
9. 
Florists;
10. 
Food service, such as full-service/sit-down restaurants, quick service restaurants, and retail and carry out food stores;
11. 
Food stores excluding convenience markets;
12. 
General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;
13. 
Health services (medical, dental, physical therapy and pharmacies);
14. 
Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);
15. 
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances);
16. 
Office uses; and
17. 
Outdoor dining areas subject to the provisions listed in Section 18.39.055;
18. 
Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses excluding massage; and
19. 
Pet grooming (no overnight boarding of animals).
D. 
Home occupations subject to the conditions listed in Section 18.32.020(G).
E. 
Office mixed use developments with ground floor commercial uses identified in Section 18.26.020(C).
F. 
Office uses.
G. 
Residential mixed use developments with ground floor commercial uses identified in Section 18.26.020(C).
H. 
Residential uses with activated ground floor commercial uses, including, but not limited to, residential amenity space, leasing office, lobby, business center, and live/work units subject to the provisions of Section 18.38.032 along primary frontages.
I. 
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the Director shall make the findings required by Section 18.52.060, Addition of uses.
(Ord. 903-22 § 4, 2022)

§ 18.26.030 Conditional uses.

A. 
Approval by the Zoning Administrator (Refer to Chapter 18.54 for a detailed description of the administrative use permit process). Commercial indoor uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development.
1. 
Child day care facilities.
2. 
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 of more through the Uniform Building Code.
3. 
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B).
4. 
Outdoor activities located in private and public plazas.
5. 
Outdoor displays in conjunction with an existing adjacent business.
6. 
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property.
7. 
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
B. 
Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
1. 
The following uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development:
a. 
Bars, comedy clubs, nightclubs, and lounges;
b. 
Check cashing;
c. 
Commercial recreation facilities;
d. 
Convenience markets;
e. 
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;
f. 
Liquor stores;
g. 
Massage.
2. 
Discount clubs.
3. 
Drive-in/drive-through uses.
4. 
Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted)
5. 
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce.
6. 
Hotels.
7. 
Service stations and gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement with all operations, except for the sale of gasoline and the washing of automobiles, conducted in a building enclosed on at least three sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site, with the exception of beer and wine.
8. 
Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores.
9. 
All other uses determined by the Planning Commission to be essentially the same or very similar to the above conditionally permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
(Ord. 903-22 § 4, 2022; Ord. 918-23, 10/24/2023)

§ 18.26.035 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. 903-22 § 4, 2022)

§ 18.26.040 Accessory uses.

A. 
Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.
B. 
Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. 
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(Ord. 903-22 § 4, 2022)

§ 18.26.050 Performance standards.

A. 
Commercial uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6. Within residential developments, the decision maker may approve, at its discretion, partial or complete substitution of live/work units and residential amenity space for the required ground floor active uses if the project can demonstrate a community benefit. Live/work units shall comply with Section 18.38.032.
B. 
There shall be no greater than 15% net loss of total commercial space in any future redevelopment of a site within the district, with a focus on retaining retail anchors such as grocery stores and drugstores. Affordable housing projects, which provide 100% of the units as affordable for low, very low, and extremely low income categories, are exempt from this requirement.
C. 
All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Director or decision maker.
D. 
All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.
E. 
Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.
F. 
Only one driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.
G. 
Any residential building that includes more than 250 units shall provide a shared co-working space area measuring a minimum of 300 square feet.
(Ord. 903-22 § 4, 2022)

§ 18.26.060 Walls, fences, and hedges.

Walls, fences, or hedges over three feet in height are subject to review and approval through the site development review or administrative site development review process. No walls, fences, or hedges shall exceed six feet unless a greater height is required for noise attenuation or screening of waste/recycling enclosures, mechanical equipment, loading facilities. Where a site adjoins a residential (R) district, a solid masonry wall six feet in height shall be located on the shared property line.
(Ord. 903-22 § 4, 2022)

§ 18.26.070 Minimum site area.

A minimum site area of not less than 20,000 square feet shall be required.
(Ord. 903-22 § 4, 2022)

§ 18.26.080 Site area per dwelling unit.

The minimum site area per dwelling unit shall be 435 square feet.
(Ord. 903-22 § 4, 2022)

§ 18.26.090 Floor area ratio.

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

§ 18.26.100 Residential density.

A minimum of 30 units per acre and a maximum of 100 units per acre is permitted.
(Ord. 903-22 § 4, 2022)

§ 18.26.110 Frontage, width and depth of site.

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

§ 18.26.120 Lot coverage.

The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.
(Ord. 903-22 § 4, 2022)

§ 18.26.130 Required setbacks.

A. 
Front, side, and rear yard setbacks shall be a minimum of six feet.
B. 
Setbacks from property lines located adjacent to private alley ways that provide access to private garages shall be a minimum of three feet.
C. 
Buildings with frontage on Decoto Road or Alvarado-Niles Road shall a minimum setback of 20 feet from these frontages. The setback can be reduced to a minimum of 10 feet for up to 10% of the building frontage to accommodate variations in building design subject to site development review.
(Ord. 903-22 § 4, 2022)

§ 18.26.140 Height of structures.

The maximum height of buildings shall be 100 feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed 20 feet in height.
(Ord. 903-22 § 4, 2022)

§ 18.26.150 Design criteria.

All development shall comply with Section 18.24.050.
(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

§ 18.26.160 Landscaping.

A. 
New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement. Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.
B. 
Projects that include development of a vacant site or substantial modification of a developed site shall provide landscaped areas that measure a minimum 10% of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City's Master Fee Schedule subject to approval through the site development review process.
(Ord. 903-22 § 4, 2022)

§ 18.26.180 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. 903-22 § 4, 2022)

§ 18.26.190 Off-street parking.

A. 
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
1. Residential
Studio
0.75 space/dwelling unit
1.25 spaces/dwelling unit
1 Bedroom
1.0 space/dwelling unit
2.0 spaces/dwelling unit
2 Bedroom
1.25 spaces/dwelling unit
2.0 spaces/dwelling unit
3+ Bedroom
1.5 spaces/dwelling unit
2.5 spaces/dwelling unit
2. Affordable Housing
 
0.5 space/bedroom
2.0 spaces/dwelling unit
3. Nonresidential
Retail
1.0 space/300 square feet
1.0 space/200 square feet
Office
1.0 space/300 square feet
1.0 space/250 square feet
Other Uses
See Section 18.36.050
See Section 18.36.050
Notes:
1.
Tandem parking spaces can be substituted for regular parking spaces up to 10% of the required parking demand.
2.
Consistent with Government Code Section 65863.2, automobile parking requirements may be waived for a residential, commercial, or other development project if the project is located within one-half mile of public transit, which includes a rail or bus rapid transit station, the intersection of two or more bus routes with service intervals of 15 minutes or less during morning and afternoon commute periods, and any major transit stops included in the applicable regional transportation plan.
B. 
A minimum of one motorcycle parking stall that is enclosed and weather-protected shall be provided for every 25 units.
C. 
Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.
(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

§ 18.26.200 Bicycle parking.

A. 
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
Residential with private garage for each unit
1.0 space/20 dwelling units.
Minimum of 2 spaces.
None
All other residential
1.0 space/20 dwelling units.
Minimum of 2 spaces.
1.0 space/4 dwelling units.
Minimum of 2 spaces.
Retail
1.0 space/3,000 square feet.
1.0 space/10,000 square feet
Office, R&D, and Other Nonresidential uses
1.0 spaces/8,000 square feet.
Minimum of 2 spaces.
1.0 space/4,000 square feet
B. 
Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. 
Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.090 and approval by the decision makers.
(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)

§ 18.26.210 Loading.

A. 
Loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be designed according to the following standards unless an alternative design is approved through the site development review or administrative site development review process.
1. 
Loading docks shall be located inside a building and equipped with closable doors.
2. 
Loading zones shall be provided along the street frontage(s).
(Ord. 903-22 § 4, 2022; Ord. 917-23, 9/26/2023)