Chapter 15.32 — RESIDENTIAL DEVELOPMENT PERMIT RESERVE SYSTEM

Note: Prior ordinance history: Ord. 195-80.

• A. The City Council finds that the policy of the City of Union City to be effectuated by the General Plan and its elements is to establish regulation over the quality, distribution, and rate of growth of the City in the interest of:

  1. Preserving the quality of life in the community;

  2. Protecting the open-space borders of the City;

  3. Insuring the adequacy of the City and community facilities and services;

  4. Insuring a full range of housing types and values in the City which will accommodate a variety of families including those families of low and moderate income.

• B. The Council finds that the purpose of this chapter is to implement the policies of the City of Union City as established in the General Plan including all its elements. This purpose is to be accomplished by City control of the rate, distribution and type of proposed residential development on a year-to-year basis.

• (Ord. 399-92 § 1, 1992)

• A. This chapter and the provisions thereof shall apply to all residential development in the City of Union City, including single-family (which includes mobilehomes) and multifamily housing except for development of:

  1. Elderly housing;

  2. Facilities for the physically handicapped;

  3. Low-income projects approved by the City and low and moderate income housing as defined under California Health and Safety Code and further defined by the City from time to time;

  4. Developments with four dwelling units or less;

  5. Developments consistent with an approved specific plan which assures services will be available to meet projected level of demand.

• B. No residential developments subject to the provisions as herein provided shall be undertaken, and no building permits shall be issued in the City of Union City beyond the authorized number as determined by the City Council and stated herein.

• (Ord. 399-92 § 1, 1992)

• A. The residential permit reservation shall be allocated on a calendar year basis. Reservations will be made on a first-come, first-served basis at the time building permit applications are submitted by a developer to the City after all required discretionary permits have been obtained. The application shall be on a form prescribed by the Community Development Department and shall be accompanied by such information as necessary to achieve the purposes of this title.

• B. Examination of application for residential construction shall consider the following factors:

  1. The ability and capacity of the Alameda County Water District to provide for the needs of the proposed development without system extensions beyond those which the developer will consent to provide;

  2. The ability and capacity of the sanitary sewers to dispose of the wastes of the proposed development without system extensions beyond those which the developer will consent to provide;

  3. The ability and capacity of the storm drainage facilities to adequately dispose of the surface runoff of the proposed development without system extensions beyond those which the developer will consent to provide;

  4. The ability of the Fire and Police Departments of the City of Union City to provide public safety according to the acceptable response standards of the City;

  5. The capacity of the appropriate school or schools to absorb the children expected to inhabit a proposed development;

  6. The ability and capacity of major street linkages to provide for the needs of the proposed development without substantially altering the existing street system.

• C. If determined that the development can be adequately served, permits shall be reserved, subject to the limitations described herein.

• (Ord. 399-92 § 1, 1992)

• A. The City shall allocate building permit reservations for no more than four hundred fifty dwelling units for each calendar year. The City shall not award a permit for more than one hundred fifty residential units in a residential development in a calendar year. For purposes of this section, a single development means one or more contiguous units on contiguous lands owned by any person, persons, legal entity or entities or any combination thereof which have a common ownership interest of more than fifty percent in each such entity. If any question arises as to the nature of such ownership interests, the developer or developers involved shall have the burden of providing necessary evidence to show the lack of forbidden common ownership interests. Where the development project meets all the criteria as specified in Section 15.32.030, such permit reservations are guaranteed for issuance of building permits subject to the overall numerical limitations of the permit reserve system and the number of construction permits available. The reservations are nontransferable between developments, but unused reservations allocated by the City to an individual or party may be returned to the City for redistribution. The reservation shall be valid for six months after date of issuance of building permit and is nonrenewable.

• B. If allocations are available after August 1st, any individual who has previously reserved an allocation(s) of one hundred fifty units for the calendar year may request the reservation for additional allocations; provided, that the total yearly allocation of four hundred fifty units is not exceeded.

• (Ord. 399-92 § 1, 1992)

If an applicant desires reservation of future years' allotments of residential units, he may apply to the City for such approval subject to the limitations as previously described. Such approval shall be subject to the condition that the reserved units will be considered allocations only during the calendar year for which the reservations are granted, and are subject to other conditions as the City may reasonably impose.

(Ord. 399-92 § 1, 1992)

The City Council may, upon a finding of emergency, suspend or increase the award of allocations for a period not exceeding one year by adoption of a resolution including findings of the facts constituting such emergency. Extension of the suspension shall be made only by resolution similarly making such findings of fact.

(Ord. 399-92 § 1, 1992)

The Community Development Department shall be responsible for the administration of this chapter.

(Ord. 399-92 § 1, 1992)