Staff recommends that the City Council hold a public hearing and introduce the attached Ordinance (Attachment 1) associated with the AT-22-001 and AT-22-002, adopt the attached Resolution (Attachment 2) associated with an update to the City’s Master Fee Schedule and adopt the attached Resolution (Attachment 3) associated with an update to the “Policy Statement for the Regulation of Seasonal Sales Lots (“Policy Statement”).”

The proposed zoning text amendments associated with AT-22-001 (included in Exhibit A and B (Redlined) of Attachment 1) will add objective design standards for single-family residences, accessory dwelling units and SB 9 developments; update and streamline review processes for various types of development projects; and update tCode language to reflect current practices, for internal consistency, and to clarify terminology. The City is also proposing to amend the Master Fee Schedule to add fees to address the ministerial review of SB 9 Housing Developments by the Planning Division and Public Works Department.

Exhibit A and B (Redlined) of Attachment 1 also include proposed zoning text amendments associated with AT-22-002, which adds “Seasonal Sales Lots” (i.e., pumpkin patches and holiday tree lots) to the list of conditionally permitted uses included in Chapter 18.50, Civic Facility (CF), Zoning District and related updates to Chapter 18.54, Administrative Use Permit. As part of their action, the Planning Commission also approved updates to the “Policy Statement for the Regulation of Seasonal Sales Lots (“Policy Statement”)”, which was needed for consistency. Please note that this item was reviewed by the Planning Commission at a separate public hearing from the residential zoning updates (AT-22-001) but is included in the attached Ordinance to increase efficiencies.  

At its August 18, 2022, the Planning Commission recommended approval of Zoning Text Amendment AT-22-001 with modified language to the City Council , meeting on a 5-0 vote.  Attached to this staff report are the Planning Commission Staff Report (Attachment 4), Planning Commission Desk Item (Attachment 5), Draft Planning Commission Meeting Minutes (Attachment 6), and Draft Planning Commission Resolution (Attachment 7).

At its September 1, 2022, the Planning Commission recommended approval of Zoning Text Amendment AT-22-002 with modified language to the City Council at , meeting on a 4-0 vote.  Attached to this staff report are the Planning Commission Staff Report (Attachment 8), Planning Commission Desk Item (Attachment 9), Draft Planning Commission Resolution (Attachment 10), and Draft Planning Commission Meeting Minutes (Attachment 11).

This agenda item is in alignment with the following

Goal C, Strategy 5: Improve and streamline the development process. (Council Priority)

SB 9 Development Projects

Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria, which has been included in the proposed zoning text amendments which limits the applicability in certain instances.  These criteria address sites with environmental site constraints (e.g., wetlands, wildfire risk, etc.), and buildings that are considered a historic resource, and also restricts demolition of units, which accommodate renters and low-income households.

SB 9 projects can only be accommodated in single-family residential zones. For Union City, the zoning districts where SB 9 Development Projects are allowed include: R-5000, RS-6000, RS-6000-H, RS-6000D, RS (S), RS (s) 3000, RS 4500, and the 511 District.

The City may only apply objective development standards (e.g., front setbacks, heights, etc.), objective subdivision standards (e.g., minimum lot depths, etc.), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) to SB 9 projects as long as the standards would not physically preclude either of the following:

Up to Two Primary Units. The City must allow up to two primary units on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The City must allow each primary unit to be at least 800 square feet in size.

The terms “objective” mean standards that involve no personal or subjective judgment by city staff. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint). 

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. Additionally, the four-foot side and rear setback standards are not subject to being waived. 

On November 23, 2021, the City adopted an urgency ordinance (Ordinance 892-21) to ensure minimum standards were in place for when the SB 9 bill became effective on January 1, 2022 and added Chapter 18.31 to the Municipal Code.  On December 14, 2021, the City adopted Ordinance 893-21, extending the urgency ordinance to provide staff additional time to develop more detailed requirements including objective design standards, which are included with the proposed amendments.

See below for a high-level overview of the proposed zoning text amendments and related updates to the Master Fee Schedule and Policy Statement.  

Zoning Text Amendments

See Exhibit A and B (Redlined) of Attachment 1 for the proposed zoning text amendment wording. For a detailed summery of the proposed amendments please see the attached Planning Commission Staff Reports (Attachment 4 and 8).

Chapter 18.31 - SB 9 Subdivision and Development Projects

Following up on the discussion above, SB 9 allows for up to four units on a single-family residentially zoned lot and an urban lot split which permits the underlying lot to be subdivided into two. SB 9 projects can only be approved ministerially, which means the City cannot require a discretionary process, and only objective standards can be applied. Chapter 18.31 is proposed to be updated to include objective design / development standards and clarify other requirements applicable to SB 9 projects.  An additional update was made to this chapter between Planning Commission and City Council review limiting new home size for a new SB 9 development to 2,000 sq. ft. to address neighborhood compatibility issues. 

   Chapters 18.32 - Residential Districts, 18.24 – Bulk Regulations, 18.100 – 511 District

As part of the larger ongoing effort to modify and streamline the City’s design guidelines and standards for residential units, staff is proposing to align objective design standards for SB 9 developments, ADUs, and single-family residential developments. The updates to the design criteria for single-family residential projects are intended to provide greater clarity for both staff and applicants in evaluating design features.  Other design criteria included in the chapter, including those related to manufactured homes, are also proposed to be consolidated with the new objective standards. Additional updates are proposed to Chapter 18.32 for accessory structures, retaining walls, home occupations, fencing and parking to provide further clarification or to align with current practices. In addition, some minor updates to address formatting are proposed to this chapter.  Minor updates are also proposed to Chapter 18.24 and Chapter 18.100 to ensure consistency with related updates to Chapter 18.32.

Chapter 18.34 - Accessory Dwelling Units (ADUs)

Following the ADU updates reviewed by the Planning Commission and adopted by the City Council in 2021, staff received feedback from the California Department of Housing and Community Development (HCD). This feedback provided direction on additional modifications that are needed in order to be consistent with State law. These modifications are incorporated into the proposed amendments.  Following up on the discussion above, the chapter was also updated to add objective design standards for consistency with Chapters 18.31 and 18.32.

Chapter 18.50 – Civic Facilities (CF)

Staff is proposing to update Chapter 18.50 to allow seasonal sales lots for the sale of holiday trees and pumpkins in the CF Zoning District as a conditionally permitted use. The CF Zoning District is applied to lands owned by the City and other public agencies including Union Sanitary District and New Haven Unified School District. The use would be subject to the granting of an Administrative Use Permit by the Zoning Administrator, similar to how the use is treated in the Agriculture (A) and Private Institutional (PI) Zoning Districts, and would be subject to the provisions of the Policy Statement.

The impetus for the proposed amendment is to facilitate the on-going operation of the City’s only holiday tree lot, which has been  operating by J&G Trees at the Logan High School parking lot for the last several years. 

Chapter 18.54 – Administrative Use Permit

Staff is proposing to update Chapter 18.54 to clarify that the Administrative Use Permit (AUP) process would apply to any use identified as requiring an AUP within the zoning district regulations. Previously, the chapter wording identified specific zoning districts where the process would apply. Additionally, staff is recommending that “Seasonal Sales Lots” be exempted from the expiration of the Use Permit if the use is discontinued for more than six (6) months. These updates were necessitated as a result of adding “Seasonal Sales Lots” as a conditionally permitted use to the CF Zoning District.

Chapter 18.72 - Administrative Site Development (ASD) Review

Staff is proposing updates to Chapter 18.72 to update applicability, criteria and additional miscellaneous edits for consistency or to clarify procedures/submittal requirements included in Sections 18.72.050, 18.72.080,  and18.72.100.

Master Fee Schedule Update

The City is able to charge appropriate fees for the processing and review of SB 9 developments, which includes the construction of new units and urban lots splits. Staff recommends the following fees to cover Planning and Public Works review.

• Planning Division - SB 9 Ministerial Review (Per Unit): $3,946
• Planning Division - SB 9 Ministerial Urban Lot Split Review: $3,946
• Public Works Department – SB 9 Urban Lot Split: $6,807

In determining the fees, staff took into consideration the estimated amount of time necessary to complete the review and also reviewed the City’s existing fees for similar types of projects.  It is anticipated that these fees will increase yearly with CPI similar to other Planning and Public Works application review fees. See Attachment 2 for the draft Resolution approving the update to the Master Fee Schedule to include the SB 9 development fees.

Policy Statement Update

As part of the update to add Seasonal Sales Lots as a conditionally permitted use in the CF Zoning District, staff is proposing a related amendment to the Policy Statement for consistency.  See Exhibit A and Exhibit B (Redlined) of Attachment 3 for the updated wording.

Planning Commission Meetings

AT-22-001

A Study Session was held with the Planning Commission on July 21, 2022 to provide an opportunity to go over the proposed amendments. Click here for a link to the Planning Commission staff report for that meeting and click here for the approved minutes.

The public hearing for AT-22-001 was held on August 18, 2022. The Commission considered feedback from staff and a member of the public. For a detailed overview of the Planning Commission discussion, see attached Draft Meeting Minutes labeled Attachment 6.  The Commission also considered a Desk Item (Attachment 5) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The feedback addressed some minor typos in the amendments and clarified terms. The Desk Item includes responses to each of these items. Any edits have been incorporated into the attachments to this staff report. The Commission voted 5-0 to recommend approval of the proposed amendments to the City Council.

AT-22-002

The public hearing for AT-22-002 was held on September 1, 2022. No public comment was received on the proposed amendments.  For a detailed overview of the Planning Commission discussion, see the attached Draft Meeting Minutes labeled Attachment 11. The Commission also considered a Desk Item (Attachment 9) concerning questions and comments from Commissioner Lew regarding the proposed amendments. The feedback addressed the City’s land use authority, related amendments to Chapter 18.54, and clarified application of other standards included in the CF Zoning District. The Desk Items include responses to each of these items. Any edits have been incorporated into the attachments to this staff report. The Commission voted 4-0 to recommend approval of the proposed amendments to the City Council.

No fiscal impact to the General Fund would result from adoption of the proposed text amendments. The fees recommended for the review of SB 9 Development Projects are intended to cover the cost of staff's time to review these projects.  

Consistent with the Planning Commission recommendation, Staff recommends that the City Council hold a public hearing, introduce the attached Ordinance approving AT-22-001 and AT-22-002 (Attachment 1), adopt a Resolution Amending the Master Fee Schedule (Attachment 2) to add fees for ministerial review of SB 9 Development Projects and adopt a Resolution Amending the Policy Statement for the Regulation of Seasonal Sales Lots (Attachment 3) for consistency with the proposed amendments. 

Brandon H DeLucas, Associate Planner

Brandon H DeLucas, Associate Planner