Staff is providing an informational update on an application received for residential development in the Union City Hillside Area. See Attachment 1 for a map showing the areas of proposed development and Attachment 2 for a list of the APNs and corresponding acreages included in the development proposal. For a description of the proposed development, see write-up under Discussion section. Consistent with Policy 51 of the Hillside Area Plan (HAP) and Measure II, a specific plan is required to be completed prior to development.  Staff will be releasing a Request for Proposals (RFP) in late November to bring on a consultant team to prepare a specific plan for the Union City Hillside Area.

This agenda item is in alignment with the following: 

Goal C. Economic, Community Development and Public Safety - Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 8. Prioritize and expedite major land use development applications

Measure B and Measure II

The Union City Hillside Area was the subject of the voter-approved Measure B in 1989, which required the preparation of a Hillside Area Plan (Attachment 3) and established the 16 planning goals listed below. The Hillside Area was also the subject of Measure II in 1996, which required a vote of the people of Union City to change the development policies of the Hillside Area. Measure II also required that a Specific Plan be prepared prior to any development taking place in portions of the Union City Hillside Area that were designated for agricultural use at the time the Measure was adopted. This is consistent with Planning Goal 16 of the Hillside Area Plan, which also requires that a specific plan be prepared for any proposed hillside development in areas designated as Agriculture as of July 17, 1989.

Hillside Area Plan

The Hillside Area Plan (HAP), adopted on July 25, 1995, provides detailed policy guidance for the Hillside Area, which consists of approximately 6,100 acres in Union City and 1,000 acres in Fremont. The HAP includes and builds on the 16 planning goals established by Measure B, which are listed below.

Hillside Area Plan Goals

1.  To establish a density limit for development which is based on a systematic study of all relevant hillside factors, as identified in these goal statements, in relation to all goals for the Hillside Area contained in this Hillside Area Plan and the balance of the General Plan.

2. To preserve the natural appearance of the Hillside Area to the maximum extent possible by locating new development in areas not highly visible from other locations within the city.

3.  To encourage the continuation of agricultural uses in the short run and also in the longer term to the extent compatible with future development.

4. To preserve the critical natural ecological systems so that plants and animals, including endangered species, can continue to exist in abundance.

5.  To protect the vast watershed against erosion and for purposes of groundwater recharge.

6.  To identify and preserve as feasible any archaeological, historical and cultural resources.

 7. To provide for the safety of new development by preventing construction on geologically unstable ground, in areas subject to flooding and areas of extreme fire hazard.

8. To provide for a continuous flow of open space which will provide vast open areas, places for wildlife and an attendant public trail system.

9. To cluster development in those areas which are visually unobtrusive, do not have steep slopes, can be reached by roads and utilities, and which will result in development which is harmonious with the natural environment.

10. To provide for high quality residential development and other uses necessary to support such development.

11. To allow only development which can be economically serviced by the City in terms of fire, police and other city services.

12. To take into account the need for services not provided by the City including schools, flood control, water supply and sewage treatment.

13. To provide general guidelines and standards for reviewing any development which modify the natural environment, including, but not limited to grading, roads, buildings and landscaping, so as to help ensure that new development is compatible with the natural setting.

14.To require that all development will pay for its fair share of on-site and off-site costs in developing and serving development.

15. To ensure that traffic generated by any development will not overburden streets used to reach the area.

16. To require the preparation of a detailed specific plan prior to any hillside development in areas presently designated as Agriculture in the General Plan as of July 17, 1989.

Hillside Area Plan Policies

The HAP also includes 53 development policies that provide guidance on a variety of topics including: Land Use, Municipal Services, Geology and Seismicity, Hydrology, Vegetation and Wildlife, Visual Resources, Open Space Preservation, Cultural Resources, Traffic and Circulation, Air Quality, Energy and Resource Conservation, and Development Densities /  Extent of Development allowed. Each policy also includes some additional background / context on the policy to further clarify the intent.

Requirement to Prepare Specific Plan

Policy 51 of the HAP requires a specific plan be prepared, prior to any development in areas designated Agriculture as of July 17, 1989, for the Hillside Area including lands in the Fremont Hillside Area. The policy goes on to state that the specific plan, at a minimum, shall establish the precise location of development, agricultural and open space, development densities and other standards for land use development, agricultural activities, open space and cultural resource preservation and habitat protection, the location, sizing and timing of all necessary infrastructure and public facility improvements, and a financing program that assures the installation of capital improvements and provision of ongoing services.

Allowed Densities

Policy 52, Overall Development Density, of the HAP establishes an overall density in the developable areas of three (3) units per acre. The HAP also stipulates that the maximum density can be exceeded in any portion of the development area, including densities up to ten to twelve units per acre, as long as the overall density of three (3) units per acre is maintained. The HAP provides further direction that the actual densities, lot sizes and distribution of any future development will be determined through the specific plan process.

The City has received an application for development of residential uses in the Union City Hillside Area. The property owner, Appian Way Land Holdings LLC, owns a portion of the Union City Hillside Area referred to as the “Louie Ranch” named after the prior property owner. The ranch has historically been used for cattle grazing. 

The proposed project consists of two components: 1) development in the Hillside Area on lands with an agricultural designation, and 2) development of the lands above the Seven Hills neighborhood. See Attachment 1 for a map showing these areas.  Attachment 1 also shows the extent of lands owned by the property owner in the Hillside Area and the alignment of a trail easement granted to East Bay Regional Park District that crosses the property along the easterly boundary.  See Attachment 2 for a list of the APNs and corresponding acreages included in the development proposal. No development is proposed outside of the areas shown on Attachment 1.

Hillside Development Proposal

The applicant is proposing development of single-family residential units on three parcels totaling approximately 112.1 acres, which have an “Agriculture” Zoning and General Plan designation. The proposed development in this area is triggering the requirement to prepare a specific plan.  The City will be releasing a Request for Proposals (RFP) to bring on a consultant team to prepare the specific plan, which is a prerequisite to development in this area.  It is anticipated that staff will be releasing the RFP in late November.

The applicant has not prepared detailed development plans but is proposing the development of 325 – 350 single-family residential units in the areas shown on Attachment 2 labeled “Union City Specific Plan Developable Area.” The applicant utilized the guidance provided in the HAP as well as a constraints and opportunities mapping analysis to determine potential areas of development for their own planning purposes. Through the specific plan process, the City will be going through a similar exercise to determine which areas are suitable for development based on a variety of factors.  As described above, project densities, lot sizes and distribution of development will be determined through the specific plan process.

See below for some HAP policies that provide guidance on where development can potentially occur in the Hillside Area. (Please note that the number listed in front of the policy refers to its numbering in the HAP).

5. Parkland buffering. A buffer without development shall be maintained in areas adjacent to Dry Creek Pioneer Regional Park and the Hayward portion of Walpert Ridge. The separation between existing open space and development shall rely on distance and existing topography for its effectiveness, with a minimum width of 960 feet measured in plan view. For a map showing this area, see Attachment 2.

30. Level of preservation of on-site natural ecological systems. Development areas in the Hillside Area shall generally be limited to annual grasslands. Development may occur in small areas of riparian corridors, rock outcroppings, scrubland and oak woodlands only if absolutely necessary to meet planning or circulation criteria, and only if all impacts in these areas can be mitigated.

35. Allowable visibility of new development. New development in the Hillside Area shall be limited to areas that are not visible from any residentially developed portion of Union City. Existing development areas are exempt from this policy since they are already generally built-out.

53. Extent of Development. New development is limited to the area between the Peavine and Mission Boulevard.

The Peavine is a steep ravine that according to the HAP “acts as a geographical boundary that serves as a physical obstacle to gaining access to the upper hillside area.” For a map showing the location of the Peavine, see Attachment 2. 

Coordination with City of Fremont

Policy 50, Application of Policies to Reorganized Areas, stipulates that the policies of the Hillside Area Plan and the requirement for specific plan preparation prior to development shall apply to all lands that are reorganized. Additional context is provided which states, “The Hillside Area Plan will apply to any development on land currently in the Fremont Hillside Area, shown in Figure 2, which may be reorganized to Union City. This will ensure consistency in the development pattern of the Union City and Fremont Hillside Areas.”

Staff has referred this policy to the City Attorney’s office for clarification on what constitutes “reorganized” land. With that said, the applicant is currently not proposing any development within the Fremont Hillside Area and the current scope of the specific plan does not include lands in Fremont.  In addition, the Fremont Hillside Area is located within the Fremont city limits and is therefore subject to land use control by the City of Fremont and not the City of Union City.

Seven Hills Development Proposal

New residential development is also proposed above the Seven Hills neighborhood on nine parcels totaling approximately 98.6 acres. These parcels have a residential zoning designation of RS-6000-H and a General Plan land use designation of “Residential - 3-6 Dwelling Units per Acre.” The RS-6000 designation is the most common zoning designation applied to residential neighborhoods in the City.  The “-H” implies that the site is not only subject to the provisions listed in Chapter 18.32, Residential Districts, but also subject to the provisions listed in Chapter 18.96, Hillside Combining (-H) District, of the Municipal Code, which applies to all properties located north and east of Mission Boulevard.

Policy 7 of the HAP specifically applies to development in this area.  The policy wording is listed below along with some additional background / context that is included in the HAP. Please note that development in this area does not trigger preparation of a specific plan and only certain HAP policies (35-38) would apply to development in this area.  These policies limit visibility of new development and also address ridgeline preservation, grading allowances, and need to preserve significant natural features. These policies are included on pages 28-29 of the HAP.

Policy 7. Land use above the Seven Hills neighborhood

Undeveloped lands about the Seven Hills neighborhood that are currently designated for residential development are shown in Figure 3. These lands shall be maintained with their existing residential land use designation, which allows three to six units per acre, but only where development on these lands would not be visible from those portions of Union City outlined in Policy 35. Any development on these lands shall conform to all provisions of the Hillside Combining District. These lands shall be developed with a secondary emergency access separate from Appian Way. Visible portions of these lands shall be redesignated for Agriculture or Open Space.

Currently, approximately 64 acres above the Seven Hills neighborhood are designated for residential use. This land has natural slopes of up to 40 percent, but a portion of it has been graded with pads for residential construction. Existing City General Plan Land use designations allow construction of residences at a density of three to six units per acre, with reductions for slope as specified under the Hillside Combining District.

This policy retains the residential zoning designation in the area. However, development must be consistent with the Hillside Combining District and Plan Policies 35 through 38, which will ensure that new development is sensitive to slopes and is not visible from any residentially developed portion of Union City.

Proposed development in this area is broken down into two parts. The first part entails development of 61 existing lots at the end of Appian Way that were created at the same time as the remaining Seven Hills neighborhood in 1963 but never constructed. The Seven Hills neighborhood was initially subdivided under Alameda County authority.  Some of these lots have a similar configuration to other properties along Appian Way with a private “motor court” that provide access to four (4) residences, which is different than the more traditional lot configuration that is seen throughout the City’s residential neighborhoods.  Attached is a page from the recorded Subdivision Map (Tract 2460) showing this configuration (Attachment 4).  Application of the City’s RS-6000 standards to these non-traditional lots results in inconsistencies, which staff has noted when dealing with residences within the Seven Hills neighborhood that want to add on to their homes.

The second part of the project proposes residential development in the same general area on approximately 6.8 acres of vacant land currently designated Residential, 3-6 units per acre, or up to approximately 40 units. The applicant is proposing to amend the designation to accommodate between 40 to 80 units of market rate and affordable housing. The proposed product mix includes small lot single family housing and multi-family townhomes. The applicant has provided feedback that for the proposed affordable housing they would be relying on State Density Bonus provisions which allow them to increase densities based on the level of affordability of the units provided. 

The expectation in the Hillside Area Plan is that development above the Seven Hills neighborhood would be consistent with the area’s existing residential zoning, which is why development in this area was excluded from the requirement to prepare a specific plan prior to development. However, the applicant is proposing to develop lots and residential product types that are not consistent with the current zoning standards in this area as described above.  Staff provided feedback that the specific plan process would be the best vehicle to analyze any potential changes to the zoning to accommodate the proposed development and to ensure consistency with applicable HAP policies.  

Specific Plan Scope and Process

The future Hillside Specific Plan would implement the policies of the Hillside Area Plan by providing more detailed development standards, site design, infrastructure planning, transportation planning, and other guidance and parameters for future development. It also has the potential to establish protected open spaces, links to nearby regional trails including an important regional greenbelt at the eastern edge of Union City and the East Bay. In addition to engagement with property owners, stakeholders, and the community, the project would require coordination with relevant agencies including, but not limited to, Alameda County Water District, Union Sanitary District, Alameda County Flood Control and Water Conservation District, Alameda County Fire Department, Alameda County Local Agency Formation Commission (LAFCO), and East Bay Regional Parks District. The Hillside Specific Plan would also require analysis per the California Environmental Quality Act (CEQA).

The Hillside Specific Plan is anticipated to encompass the entire Union City Hillside Area. For certain topics such as land use, circulation, municipal services, infrastructure improvements, etc., the focus of the planning effort will be on the areas that are the subject of the development proposal. For other topics, such as trail connections, resource conservation and protection, and open space preservation, planning efforts would focus on the remaining Hillside Area.

Staff anticipates a comprehensive specific plan process taking between 18-24 months, including full analysis under the California Environmental Quality Act (CEQA). Staff anticipates the project to be completed by a full-service team of firms representing a range of disciplines including land use, environmental, engineering, community engagement, transportation, and other required topics, under the direction of a prime consultant. The consultant team would be selected through a competitive bidding and interview process.    

The selected consultant team would prepare a specific plan consistent with California State Government Code Sections 65450-65457, under supervision and management from City staff. The specific plan effort would be anticipated to include the following components at a minimum, consistent with Government Code Section 65450-65457, the HAP, and the policy requirements of the City of Union City and other stakeholder agencies:

• The distribution, location, and extent of allowed land uses in the Union City Hillside Area;
• Proposed trail and open space network, including connections to Dry Creek / Pioneer Regional Park, new and existing public and private trails and roads within the Union City Hillside Area, East Bay Regional Parks, and other potential connections to the regional open space and trail system surrounding the Union City Hillside Area;
• Multi-modal circulation and emergency access needed to support the land uses in the plan;
• Necessary infrastructure and services including fire/public safety, sewer and wastewater, water service, drainage, solid waste disposal and recycling, energy provision and conservation, stormwater quality and quantity, water reuse and conservation, and other essential facilities proposed to be located within the specific plan area and needed to support the land uses described in the plan;
• Standards and criteria by which development will proceed including standards related to mitigating fire risk within the wildland urban interface;  
• Standards for the conservation, development, and utilization of natural resources, including agricultural land and other existing open space;
• A program of implementation measures including regulations, programs, infrastructure projects, and financing measures necessary to implement the specific plan;
• Analysis of the relationship of the specific plan to the Union City 2040 General Plan and the HAP, and confirmation of consistency.

The proposed specific plan scope of services would include all tasks necessary for a process of developing and adopting a specific plan, including a complete and comprehensive program of community engagement, technical studies, development of planning concepts, CEQA analysis, and completion of any zoning or general plan amendments necessitated by the Hillside Specific Plan. In addition, the proposed scope of work would include sufficient budget, scoped activities, and designated staff or sub-consultant support to be able to deliver a comprehensive community engagement process for the Hillside Specific Plan process. The scope of work would also include all necessary CEQA studies and analysis of environmental and ecological conditions, which could also be utilized for open space and conservation planning. The planning process would require coordination with the regional Local Agency Formation Commission (LAFCO) to expand the City’s Urban Service Area boundary, which is necessary to connect to Alameda County Water District and Union Sanitary District facilities. The City anticipates that there would be a continued process of scoping and confirming assumptions in collaboration with the selected consultant team before the project contract is executed and the planning process is initiated.

Preparation of the Hillside Specific Plan, including staff and consultant time, will be paid for by the property owner - Appian Way Land Holdings LLC. 

Staff recommends the City Council accept the report and ask any clarifying questions.  Once the RFP is released and a consultant team is selected, staff will return to the City Council for award of contract and to provide an update on the process and timeline.