Note: Prior ordinance history: Ords. 55.328-92, 406-93 and 430-94.
The Union Landing commercial (CUL) district is established in recognition of the significance to the City of this major commercial area. This zoning district is designated to provide flexibility to the development process, while facilitating the achievement of the following objectives:
A. 
To encourage and support the development of Union Landing as the major retail center of the City and a retail center of regional and subregional significance;
B. 
To encourage the development of uses, features and conditions in Union Landing that will allow the area to become the major commercial area of Union City, including opportunities for daytime and evening uses;
C. 
To discourage uses, either short- or long-term, and avoid actions that would be detrimental to the achievement of subsections A and B of this section;
D. 
To ensure, to the extent practical, that all new development in Union Landing will be economically viable, that it will generate revenues to the City in excess of City costs to service development, and that it will create new jobs within the City;
E. 
To encourage unified development of Union Landing to achieve coordinated improvements and interconnections between development areas;
F. 
To establish site planning and architectural standards that ensure a high quality of development and that establish a strong sense of design unity;
G. 
To identify and, to the greatest extent possible, minimize the potential adverse effects of development in Union Landing on surrounding areas;
H. 
To allow for various types of commercial development recognizing changing market conditions while organizing these developments into distinctive areas within Union Landing.
(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)
For purposes of project application review, four types of commercial developments are permitted within the district:
A. 
Subregional commercial development (SRC);
B. 
Subregional specialty commercial development (SRSC);
C. 
Community commercial development (CC); and
D. 
Office Commercial development (OC).
(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)
A. 
Subregional Commercial Development (SRC).
1. 
Concept.
a. 
Subregional commercial developments shall provide commercial acreage for large-scale general retailers and big-box retail centers designed to attract shoppers from a wide market area, including from areas outside the City. Subregional commercial developments shall be identified by the inclusion of one or more large-scale, single-tenant retail buildings of over 100,000 square feet in floor area. Subregional commercial developments shall have the ability to draw shoppers from multiple trade areas by providing a wide variety of products and merchandise not typically found in local neighborhood commercial establishments. Such variety may be achieved by the development of adjoining groups of two or more large-scale general retailers or big-box retail centers or through the development of a wide breadth of smaller, specialized retail stores that feature products with broad, multi-area appeal adjacent to a single or small collection of large-scale anchor stores. Limited food, office and services uses may be permitted. Single-use developments such as an indoor multiplex theater or hotels may also be considered under this development type provided that the project is located and designed in such a way as to complement any adjacent pedestrian-oriented commercial development.
b. 
Subregional commercial development shall be situated in such a manner to take advantage of good visibility from I-880 as well as access from the freeway interchanges at Whipple and Alvarado-Niles Roads. Subregional commercial development shall be located adjacent to existing and subregional commercial development or if none exists, at either at the northern end of Union Landing or at the eastern end with good access to Dyer Street and/or Alvarado-Niles Road.
2. 
Performance Criteria. The following performance criteria shall apply to development within the subarea:
a. 
Individual or stand-alone buildings for anchor tenants in multitenant developments should be avoided. All buildings over 30,000 square feet in size should be either attached or in close proximity with other buildings forming a commercial center. Close proximity means that all buildings are connected by pedestrian access with no or limited intervening vehicular access or parking areas.
b. 
The concept of pedestrian orientation and the conduct of regionally significant commerce shall guide all site design work. Pedestrian orientation shall include provisions for safe and visually attractive pedestrian access within the project (between stores and from parking areas to the shopping facilities) and similar pedestrian integration with adjoining parcels.
c. 
Pedestrian orientation shall be accomplished by the inclusion of pedestrian amenities such as development of attractive quasi-public outdoor spaces with features like decorative paving, landscape islands, seating areas, fountains, public art, and/or café and eating areas. In cases where adjoining parcels are not developed, provisions shall be made for future pedestrian and vehicular access that will ensure the desired pedestrian orientation area-wide.
d. 
All pedestrian areas and parking areas should be designed to ensure safety through good visibility and adequate lighting. A minimum of 0.5 candle lighting level in parking and pedestrian areas shall be provided.
e. 
All buildings shall be of high-quality architectural design with all building elevations being attractively finished with varied building materials that reflect Union City architectural themes. Examples of such themes include tile roofs and earth-tone stucco finished walls with tile accents. In all cases, buildings within Union Landing shall be coordinated by architectural, lighting, sign and landscape design that attempts to integrate developments visually and physically with neighboring developments.
f. 
Site improvements shall include significant landscaping and anticipate integration of parking, vehicular circulation, pedestrian access, signage, lighting, etc. with adjoining properties and uses. Parking areas shall be adequately landscaped to minimize adverse impacts of large asphalt areas on pedestrian comfort and the aesthetic appeal of the area.
g. 
Large-scale, single-tenant retail buildings of over 100,000 square feet may be permitted only in subregional commercial developments provided that:
i. 
The building is part of a larger project design that includes easily accessible retail stores and uses;
ii. 
The project is designed to emphasize human scale and pedestrian orientation;
iii. 
The building and the overall project is properly situated in terms of access, relationship to adjoining properties;
iv. 
All of the performance standards for projects in the subregional commercial area shall be achieved with the proposed use.
h. 
Standards of site area and dimensions, site coverage, heights of structures, distances between structures, off-street parking and loading, and landscaping shall in the aggregate be at least equivalent to the standards prescribed by the regulations for the community commercial zoning district described in Chapter 18.36.
i. 
Establishment of superstores shall be subject to the criteria outlined in the document entitled, "Policy Statement for Use Permit Review of Superstores."
j. 
All development shall comply with the provisions listed in Chapter 7.04 regarding management of waste and recyclable materials. An existing enclosure shall be upgraded or a new enclosure shall be provided, where none currently exists, associated with the establishment of a new use, consistent with the provisions listed in Section 7.04.055(A) to accommodate anticipated demand for waste, recycling, and organics recycling as determined by the City's Recycling and Solid Waste Division. New or upgraded enclosure may be subject to the provisions listed in Chapter 18.72, Administrative Site Development Review.
k. 
Building and site improvements shall be maintained consistent with applicable Site Development Review and/or Administrative Site Development review approvals.
B. 
Subregional Specialty Commercial Development (SRSC).
1. 
Concept.
a. 
Subregional specialty commercial developments shall provide a variety of specialized commercial uses which shall attract shoppers from a subregional market area, including from areas outside of the City. Subregional specialty commercial developments should provide a mix of retail uses in a development design that emphasizes pedestrian access, high-quality design and the promotion of subregional commerce. Such commerce may be created, in part, through the promotion of novel, unique, or uncommon products not normally found in local neighborhood commercial establishments. Single-use developments such as an indoor multiplex theater or hotel may also be considered under this development type provided that the project is located and designed in such a way as to complement adjacent pedestrian-oriented commercial development. Limited food, office, and service uses may be permitted.
b. 
Subregional specialty commercial development shall occur adjacent to existing subregional specialty commercial developments or if none exist, than on either the eastern, central or southern portion of Union Landing.
2. 
Performance Criteria. All performance criteria described for the subregional commercial development shall apply to subregional specialty commercial development, with the exception that large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted.
C. 
Community Commercial Development (CC).
1. 
Concept. Community commercial development shall provide high-quality designed, pedestrian-oriented centers with uses serving the everyday needs of those who live or work in Union City. Such development should provide uses which complement rather than compete with other community centers in Union City. As a result, the City may favor services and retailers that would add to Union Landing's image as a premier regional or subregional center. Limited office and service uses may be permitted. Single-use developments such as an indoor multiplex theater or hotel may also be considered under this development type provided that the project is located and designed in such a way as to complement adjacent pedestrian-oriented commercial development. If community commercial development occurs on Union Landing, it shall be located on the property adjacent to the intersection of Dyer Street and Alvarado-Niles Road, and extend up to the east side of Union Landing Boulevard including the gas station parcel, the transit center parcel and the drive-through restaurant where it is central to the community and served by good arterial access.
2. 
Performance Criteria. All performance criteria described for the subregional commercial development shall apply to community commercial development, with the exception that large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted.
D. 
Office Commercial Development (OC).
1. 
Concept. Office Commercial development is intended to allow office buildings and hotels. Office development shall be located at the northwest corner of Alvarado-Niles Road and Union Landing Boulevard which will preserve the development opportunities for the regional, subregional and community commercial activity elsewhere in Union Landing.
2. 
Performance Criteria. All performance criteria described for the subregional commercial development shall apply to commercial office development, with the following exceptions:
a. 
Large-scale, single-tenant retail buildings of over 100,000 square feet shall not be permitted;
b. 
Retail uses shall be located on the ground floor and shall have exterior entrances and store fronts to ensure adequate retail visibility without excessive signage.
(Ord. 509-97 § 2, 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007; Ord. 771-12 § 9, 2012; Ord. 887-21 § 3, 2021)
A. 
All proposed projects shall be subject to site development review pursuant to Chapter 18.76 and shall demonstrate consistency with all of the applicable performance criteria in Section 18.39.030 and, where applicable, the use criteria included in Sections 18.39.040 and 18.39.050.
B. 
Where a proposed building has had conceptual approval pursuant to subsection A of this section, the provisions of Chapter 18.72, Administrative Site Development Review, shall be met subject to the following requirements:
1. 
The total amount of square footage of the conceptually approved building area is 45% or less of the entire building square footage of the previously approved site plan review application;
2. 
Compliance with all the applicable performance criteria in Section 18.39.030;
3. 
Demonstration of adequate parking for the building and overall development of the previously approved site plan review application;
4. 
Demonstration that the circulation system of the previously approved site plan is maintained;
5. 
The design and location of the building is consistent with concept identified in the previously approved site plan review application;
6. 
The building is not intended for a conditionally permitted use; and
7. 
The Zoning Administrator shall notify the Planning Commission of any proposed administrative site development review in Union Landing prior to any action.
(Ord. 509-97 § 2(1), 1997; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006)
To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol "X" is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.
Table 18.39.040
Permitted Uses By Development Type
Permitted Uses
Development Type*
SRC
SRSC
CC
OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.
X
X
X
X
Dental, medical and optical offices measuring up to 5,000 sq. ft.
X
X
X
X
Fitness uses measuring up to 5,000 sq. ft.
X
X
X
 
Food service:
 
 
 
 
Full service/sit down restaurant in-line or stand-alone
X
X
X
 
Fast food/quick service restaurant, in-line or stand-alone
X
X
X
 
Retail and carry out food store, in-line only
X
X
X
 
General merchandise retail over 75,000 square feet excluding superstores
X
X
 
 
General merchandise retail under 75,000 square feet, including:
 
 
 
 
Alcoholic beverage stores over 4,000 square feet
X
X
X
 
Antique stores
X
X
X
 
Appliance stores
X
X
X
 
Beauty supply stores
X
X
X
 
Book stores
X
X
X
 
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.
X
X
X
 
Bridal and tuxedo sales/rental stores
X
X
X
 
Camera and photo retail stores
X
X
X
 
Cannabis dispensary/retail***
X
X
X
 
Cell phone stores
X
X
X
 
Clothing and clothing accessories
X
X
X
 
Consumer electronic sales
X
X
X
 
Copying and printing service
X
X
X
 
Craft, art, and fabric supply stores, hobby shops and frame shops
X
X
X
 
Department stores
X
X
X
 
Florist
X
X
X
X
Furniture sales, including patio furniture and barbeque stores
X
X
X
 
Gift, stationery and office supply stores
X
X
X
X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.
X
X
X
 
Home furnishings and housewares
X
X
X
 
Jewelry stores
X
X
X
X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)
X
X
X
 
Luggage and leather stores
X
X
X
 
Magazine and newspaper stands
X
X
X
X
Mattress stores
X
X
X
 
Music retail stores, including the sale of musical instruments such as pianos
X
X
X
 
Party supply stores
X
X
X
 
Pet supply stores
X
X
X
 
Shoe stores
X
X
X
 
Sporting goods and bicycle sales (no gun sales)
X
X
X
 
Supermarkets**
 
 
X
 
Toy/educational stores
X
X
X
 
Vitamin stores and pharmacies
X
X
X
 
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X
X
X
 
Hardware, building materials and garden supply stores with no outdoor storage
X
X
X
 
Hotels
X
X
X
X
Indoor theaters without alcoholic beverage sales
X
X
X
 
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X
X
X
 
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
 
X
X
 
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.
 
 
X
 
Tutoring centers
X
X
X
X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. 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
X
X
X
X
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 findings required under Section 18.52.060 shall be made.
X
X
X
 
*Key to development type abbreviations:
 
SRC—Subregional commercial development;
 
SRSC—Subregional specialty commercial development;
 
CC—Community commercial development;
 
OC—Office commercial development.
**Supermarkets and food stores shall mean any store where 50% or more of the total floor area of the store is devoted to prepackaged food and grocery sales.
***A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.
(Ord. 509-97 § 2(1), 1997; Ord. 552-00 § 1, 2000; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006; Ord. 6880 § 2, 2007; Ord. 700-08 § 2, 2008; Ord. 730-10 § 2, 2010; Ord. 759-11 § 2, 2011; Ord. 761-11 § 6, 2011; Ord. 806-15 § 4, 2015; Ord. 807-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 880-20 § 2, 2020; Ord. 877-21 § 3, 2021; Ord. 912-23 § 4, 2023)
To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol "X" is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.
A. 
Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).
Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type
Conditionally Permitted Uses
Development Type
SR C
SRS C
CC
OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B)
X
X
X
 
Outdoor dining patios subject to the provisions listed in Section 18.36.190
X
X
X
 
B. 
Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).
Table 18.39.050(B)
Uses That Require a Conditional Use Permit by Development Type
Conditionally Permitted Uses
Development Type
SR C
SRS C
CC
OC
Breweries and wineries with on-site tasting and food service over 5,000 sq. ft.
X
X
X
 
Commercial entertainment
X
X
X
 
Discount clubs
X
X
X
 
Drive-in and drive-through food services, any category
 
 
X
 
General merchandise retail under 75,000 square feet, including:
 
 
 
 
Auto supply stores
 
 
X
 
Drug stores
X
X
X
 
Specialty food stores** less than 30,000 square feet in size
X
X
X
 
Any other retail sales use determined by the Planning Commission to be the same or similar to the above list
X
X
X
 
Indoor theaters with alcoholic beverage sales
X
X
X
 
Massage uses
 
X
X
 
Residential, ancillary residential units provided that the residential use is located above the ground floor of a commercial development and provided that retail commercial services, and/or office uses comprise at least 70% of the total floor area of the building in which the residential use is located
 
 
 
X
Superstores
X
X
X
 
Utility customer service center
X
X
X
 
Any other use 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 made.
X
X
X
 
*Key to development type abbreviations:
 
SRC—Subregional commercial development;
 
SRSC—Subregional specialty commercial development;
 
CC—Community commercial development;
 
OC—Office commercial development.
**Supermarkets and food stores shall mean any store where 50% or more of the total floor area of the store is devoted to prepackaged food and grocery sales.
(Ord. 509-97 § 2(1), 1997; Ord. 552-00 § 1, 2000; Ord. 620-04 § 2, 2004; Ord. 643-05 § 2, 2005; Ord. 670-06 § 3, 2006; Ord. 688-07 § 2, 2007; Ord. 700-08 § 2, 2008; Ord. 704-08 § 2, 2008; Ord. 722-09 § 2, 2009; Ord. 730-10 § 2, 2010; Ord. 736-10 § 1, 2010; Ord. 759-11 § 2, 2011; Ord. 807-15 § 4, 2015; Ord. 809-15 § 4, 2015; Ord. 887-21 § 3, 2021; Ord. 912-23 § 4, 2023)
The following uses are prohibited in Union Landing:
Adult businesses
Check cashing businesses
Clearance centers and dollar stores
Convenience markets
Laundromats
Pawnshops
Retail tobacco stores
Second hand stores and thrift stores
(Ord. 643-05 § 2, 2006; Ord. 670-06 § 3, 2006; Ord. 728-10 § 2, 2010)
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. 728-10 § 2, 2010)