Union City City Zoning Code
CHAPTER 18
27 VILLAGE MIXED USE VMU DISTRICT
§ 18.27.010 Purpose.
The purpose of the village mixed use (VMU) district is to create neighborhood-serving commercial centers where commercial uses are the primary use, but mixed use residential development is allowed to support the commercial uses and create vibrant places for people to live, work, shop, and play. This designation applies to sites considered to be within the boundary of the Historic Alvarado District.
(Ord. 906-22 § 4, 2022)
§ 18.27.020 Permitted uses.
The following uses shall be permitted:
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 through 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;
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 18.32.02(G).
E.
Office mixed use developments with ground floor commercial uses identified in Section 18.27.02(C).
F.
Residential uses that do not have frontage on Smith Street, Union City Boulevard, or Horner Street; and residential uses located above ground floor commercial uses (identified in Section 18.27.020(C)) with frontage on Smith Street, Union City Boulevard, and Horner Street.
(Ord. 906-22 § 4, 2022)
§ 18.27.030 Conditional uses.
The following conditional uses shall be permitted in the VMU district upon the granting of a use permit:
A.
Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
1.
Child day care facilities;
2.
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);
3.
Outdoor activities located in private and public plazas;
4.
Outdoor displays in conjunction with an existing adjacent business;
B.
Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
1.
Bars, comedy clubs, nightclubs, and lounges;
2.
Convenience markets;
3.
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code;
4.
Farmers markets, when coordinated in conjunction with the City or Chamber of Commerce;
5.
Liquor stores;
6.
Massage;
7.
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property; and
(Ord. 906-22 § 4, 2022)
§ 18.27.040 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 of a conditional use permit pursuant to the provisions of Chapter 18.56.
C.
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(Ord. 906-22 § 4, 2022)
§ 18.27.050 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. 906-22 § 4, 2022)
§ 18.27.060 Performance standards.
A.
All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures. Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Director or decision maker.
B.
All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.
C.
Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high quality aesthetic for the area.
D.
Only one driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.
(Ord. 906-22 § 4, 2022)
§ 18.27.070 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 an OS, MS, CF, PI, or residential (R) district, a solid masonry wall six feet in height shall be located on the shared property line.
(Ord. 906-22 § 4, 2022)
§ 18.27.080 Minimum site area.
A minimum site area of not less than 5,000 square feet shall be required.
(Ord. 906-22 § 4, 2022)
§ 18.27.090 Density.
For residential and mixed-use development, a minimum of 17 units per acre is required and a maximum of 30 units per acre is permitted. The minimum site area per dwelling unit is 1,452 square feet.
(Ord. 906-22 § 4, 2022)
§ 18.27.100 Site floor area ratio.
For all nonresidential uses, the minimum floor area ratio (FAR) shall be 0.3 and the maximum shall be 1.0. The maximum FAR for mixed-use development is 1.5, inclusive of residential and nonresidential uses.
(Ord. 906-22 § 4, 2022)
§ 18.27.110 Frontage, width and depth of site.
No minimum site frontage, depth, and width shall be required.
(Ord. 906-22 § 4, 2022)
§ 18.27.120 Lot coverage.
The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.
(Ord. 906-22 § 4, 2022)
§ 18.27.130 Front yard setback.
No front yard setback shall be required, except as follows:
A.
On Union City Boulevard, the front yard setback shall be five feet from the property line and a minimum of 15 feet from the face of curb to ensure a comfortable pedestrian environment.
(Ord. 906-22 § 4, 2022)
§ 18.27.140 Side yard setback.
No side yard setback shall be required, except as follows:
A.
Where the side property line of a site adjoins property in a R, RS or RM district, a side yard setback of not less than 20 feet adjoining the residential district shall be required.
(Ord. 906-22 § 4, 2022)
§ 18.27.150 Rear yard setback.
No rear yard shall be required, except as follows:
A.
Where the rear property line of a site adjoins property in a R, RS or RM district, a rear yard of not less than 20 feet adjoining the residential district shall be required.
(Ord. 906-22 § 4, 2022)
§ 18.27.160 Height of structures.
The maximum height of buildings shall be 40 feet. The height limit may be increased to a maximum of 50 feet subject to a use permit. Before the approval of any structure which exceeds 40 feet, the decision maker must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use within the surrounding area.
(Ord. 906-22 § 4, 2022)
§ 18.27.170 Design criteria.
B.
All standalone commercial development shall comply with the Design Guidelines for Old Alvarado.
(Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)
§ 18.27.180 Off-street parking.
Parking shall be required subject to the following:
A.
Residential Use. Provide automobile and bicycle parking consistent with the RM 1500 zoning district per Section 18.32.160, except that 100% affordable rental developments may provide off-street parking pursuant to the standards contained in Section 18.32.160(B)(5).
B.
Commercial Uses. Provide automobile and bicycle parking at commercial district standards per Section 18.36.150. For commercial uses on the ground floor as part of a mixed-use development, shared parking shall be evaluated on a case-by-case basis.
C.
The decision maker may grant relief from the off-street parking requirements, if it can be demonstrated that sufficient parking is available off-site to service the proposed use.
(Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)
§ 18.27.190 Off-street 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.
(Ord. 906-22 § 4, 2022; Ord. 917-23, 9/26/2023)
§ 18.27.200 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. 906-22 § 4, 2022)
§ 18.27.220 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. 906-22 § 4, 2022)