ITEM 6.B ZONING TEXT AMENDMENT AT CITY COUNCIL PUBLIC HEARING AUGUST 25, 2009

Zoning Text Amendment AT  Applicant: City of Union City  Location: Citywide – ML Zoning District  Request: Amend Chapter Article II of the Municipal Code to:  Modify the permitted uses and performance standards to restrict outdoor storage under specified circumstances;  Require that specified uses provide office and employee facilities in a completely enclosed building; and  Provide for amortization of non-conforming uses in the Redevelopment Area.

Properties in ML District and RDA Area

Location – Horner/Veasy Area

Horner/Veasy Area Background  January 2008 –Council adopted 45-day moratorium  February 2008 – Extended to 22 months Infrastructure Study – Wilsey Ham Marketing Analysis – Keyser Marston Associates  September 2008 – Council/Agency Board Directed staff to prepare General Plan and Zoning Ordinance amendments

Background  April 2009 – City Council adopted General Plan Amendment AG  AG established General Plan goals and policies for Horner/Veasy Area  Encouraged successful light industrial infill development  Overcome infrastructure challenges

Background  Upon adoption of AG-01-09, Council directed staff to evaluate Zoning for Horner/Veasy Area and draft an amortization process for nonconforming uses  The Council’s direction on amortization was a result of feedback from property owners that they would require additional time to cease nonconforming uses

Proposed Text Amendment  Make pallet assembly a conditional rather than permitted use, and require all operations within an enclosed building;  Require accessory office and employee facilities in an enclosed building for lumber yards, equipment rental, and RV sales, which are currently conditional uses;  Delete contractor yards and corporation yards from conditional uses; make contractors businesses conditionally permitted with accessory outdoor storage;

Proposed Text Amendment  Delete commercial and transit system vehicle storage yards, which are currently conditionally permitted uses;  Establish new performance standard that requires all ML uses to be conducted in a completely enclosed building unless otherwise provided, which would prohibit outdoor uses other than parking or loading unless specifically allowed for particular uses.

Proposed Text Amendment  Establish an amortization process for non- conforming uses in both the ML District and Redevelopment Project Area  Amortization involves phasing out nonconforming uses, buildings, and structures over a set period of time to allow investments to be recovered  Process could apply to legally and/or illegally established nonconforming uses

Proposed Text Amendment  ECD Director would make decision to amortize a use and for how long based on specific factors, subject to appeal to the City Council  If appealed, the Council will consider any additional information provided by property and business owners  Nothing in Ordinance requires a use, building, or structure to be amortized

General Plan Policy  The proposed Amendment would restrict outdoor storage and yard uses and require office and employee facilities in enclosed buildings  Purpose of ML land use designation is to provide for manufacturing and industrial uses with no or very low nuisance characteristics  The proposed Text Amendment is consistent with the General Plan goals and policies for the ML District at- large as well as those established for the Horner/Veasy Area as part of AG-01-09

Planning Commission Public Hearing  PC asked clarifying questions regarding amortization process  Public comments received opposing amendment because property owner believes Horner/Veasy Area is well suited to truck parking due to site constraints  PC recommended approval on a 3-1 vote

Recommendation  The proposed Amendment is consistent with General Plan goals and polices that encourage high quality, employment intensive, low nuisance industrial development and would implement the Horner/Veasy General Plan goals and policies  Staff recommends that the City Council introduce the attached Ordinance and hold a public hearing for Zoning Text Amendment, AT-03-09, to amend Chapter Article II of the Municipal Code, the ML (Light Industrial) Zoning District regulations as shown in Exhibit A