PLANNING COMMISSION RESOLUTION #10-24
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY APPROVING TENTATIVE PARCEL MAP (TPM-24-001) FOR THE SUBDIVISION OF AN EXISTING 32,540 SQUARE-FOOT PARCEL INTO THREE PARCELS CONSISTING OF ONE 18,763 SQUARE-FOOT PARCEL OCCUPIED BY AN EXISTING SINGLE-FAMILY RESIDENCE, AND TWO SMALLER PARCELS, SIZED 6,787 AND 6,991 SQUARE FEET,
RESPECTIVELY
WHEREAS, the property owner and applicant Eric Nicholas is seeking Tentative Parcel Map (TPM-24-001) approval to divide an existing 32,540 square-foot parcel into three parcels per proposed Vesting Tentative Parcel Map 11429. The three parcels would be subdivided into one 18,763 square-foot parcel occupied by the existing single-family residence, and two smaller parcels, sized 6,787 and 6,991 square feet, respectively; and WHEREAS, the 0.747-acre project site is located at 32415 Winchester Drive (APN:
475-175-82-2); and
WHEREAS, the project site has a General Plan designation of Residential (3 - 6 du/ac) and a Zoning designation of RS 6000; and
WHEREAS, pursuant to Section 17.20.090 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Tentative Parcel Map (TPM-24-001) on June 27, 2024, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated June 27, 2024, and all written and oral testimony; and
WHEREAS, the project plans, including the Vesting Tentative Parcel Map 11429, are labeled Exhibit A attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Union City does hereby find as follows:
A. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Minor Land Divisions, of the CEQA Guidelines; and Tentative Map - Subdivision Map Act
B. That the tentative parcel map is consistent with the General Plan standards for uses, density and minimum parcel size. The project complies with the General Plan, which designates the project site as a residential use allowing three (3) to six (6) units per acre; and
C. That the design of the proposed subdivision is consistent with the General Plan standards for use, density, and minimum parcel size; and D. That the 32,540 square-foot site would be subdivided into three (3) residential lots reflecting a density that is suitable for the single-family neighborhood and has access Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 Planning Commission Resolution No. #10-24
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to necessary utilities and services to support the proposed future single-family residential development; and
E. That the project site is physically suitable to accommodate the future proposed density of development. The 32,540 square-foot site would be subdivided into three (3) residential lots reflecting a residential density of 3 - 6 dwelling units per acre, consistent with the General Plan land use designation of Residential (3 - 6 du/ac), is suitable for future single-family neighborhood development, and has access to necessary utilities and services to support the proposed future single-family residential development; and F. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because it is an infill project located in an established neighborhood; and
G. That the design of the subdivision and the proposed future single-family residences are not likely to cause serious public health problems; and H. That, as conditioned, the design of the subdivision or the type of improvements will not conflict with any public easements. Plans were referred to the relevant public agencies and no conflicts with any public easements were identified.
Vesting Tentative Map (Union City Municipal Code)
I. That the proposed subdivision has been reviewed by all applicable local and regional agencies for consistency with all codes and provisions related to health and safety, and the project has undergone environmental review per the requirements of CEQA; therefore, the proposed subdivision would not result in conditions that would negatively impact health and safety; and
J. That the proposed subdivision is consistent with all applicable provisions of State law; and
K. That the design, density and improvements of the proposed subdivision are consistent with applicable general and specific plans and will comply with all applicable zoning requirements; and
L. That the proposed subdivision is consistent with all applicable provisions of the State Government Code; and
M. That the site is physically suitable for the development as demonstrated by the proposed vesting tentative map; and
N. That the subdivision involves the subdivision of one existing lot into three lots and the design of the subdivision or type of improvements will not conflict with public easements.
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BE IT FURTHER RESOLVED, that the Planning Commission of the City of Union City hereby approves Tentative Parcel Map (TPM-24-001), subject to the following Conditions of Approval.
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CONDITIONS OF APPROVAL
Planning Division
1. The Final Parcel Map shall be in substantial conformance with Vesting Tentative Parcel Map 11429, included in Exhibit A, prepared by Greenwood & Moore, Inc., dated May 28, 2024, except as it may be modified by other conditions of approval listed below. All actual site improvements shall be made with strict adherence to the approved tentative parcel map.
2. Pursuant to UCMC Section 17.16.050, within twelve months after the date of approval or conditional approval of the tentative map by the City Council, unless such period of time is extended by the City Council, the subdivider shall file the final map with the City Council together with a filing fee in a sum set by the City Council by resolution.
3. The timetable for this subdivision is subject to the requirements of the Subdivision Map Act, California Government Code 66410-66499.41.
4. The applicant/property owner shall be responsible for ensuring that all contractors and subcontractors have obtained a valid City of Union City business license for the duration of the project.
5. The applicant/property owner shall be responsible for any additional costs associated with staff time spent enforcing the Conditions of Approval.
6. The applicant/property owner shall annex the new lots into Community Facilities District No. 2006-1 prior to recordation of the Final Map. The applicant/property owner shall pay all fees for staff and consultant time and recordation through a title company.
7. All storm drain facilities serving Parcels 1, 2, and 3 shown in the proposed easements, included in Exhibit A, must be installed by the subdivider prior to the City Engineer’s filing of the Final Map with the City Clerk. The storm drain improvements, and a recordable instrument providing for perpetual maintenance of such improvements, are required before the final map is submitted for approval by the City Council.
Alameda County Fire Department
8. Property owner shall ensure proper vegetation management for all undeveloped parcels. Ground fuels (grass weeds) shall be no higher than 3 inches.
Public Works
9. The applicant and/or property owner shall prepare a final map consistent with the vesting tentative parcel map.
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10.Prior to approval of the final map by the City Council, the applicant and/or property owner shall pay the “Final Parcel Map Filing Fee” in place at the time the final map is filed for approval.
11.Prior to approval of the final map by the City Council, the applicant and/or property owner shall pay a Park Land Dedication In-Lieu fee based on the formula included in Title 17.
12.The applicant and/or property owner shall provide all public utility easements to the satisfaction of the City Attorney and the Director of Public Works. Any easements shall be shown on the final map.
13.The applicant/property owner shall ensure that construction activity on-site shall comply with Section 9.40.053 of the Union City Municipal Code, and is limited to the following hours:
Monday through Friday: 8:00 a.m. to 8:00 p.m.
Saturday: 9:00 a.m. to 8:00 p.m.
Sundays & Holidays: 10:00 a.m. to 6:00 p.m.
14.The applicant/property owner shall ensure that all contractors, subcontractors and suppliers are aware of all current storm water pollution prevention measures and their implementation requirements.
Union Sanitary District
15.Existing Sewer Service: The existing house is served by one (1) sewer lateral that is connected to the 8-inch main on Medallion Drive. USD records show that up to three (3) additional sewer service laterals may be connected from the site to the sewer main on Medallion Drive.
16.Sewer System Capacity: Currently, USD has sufficient capacity in the adjacent sanitary sewer system on Medallion Drive and Alvarado Wastewater Treatment Plant to process and treat the anticipated volume of wastewater that will originate from the proposed development project. However, please note that USD cannot reserve or guarantee that sewer capacity will be available to the development in the event that the project is delayed, postponed, or put on hold for an extended amount of time.
17.Demolition: Prior to the start of any demolition or grading operations at the site, if the existing sewer laterals will no longer be used, they shall be capped at the main and inspected under a USD permit. If the existing laterals will be used, they shall be capped at the property line and inspected under a USD permit and reconnected during the construction of the new development. See the following webpage for more information and fees: https://www.unionsanitary.ca.gov/permits-andfees/demolitions.
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18.Public and Private Sewer Improvements: The preliminary plans for the proposed development included a site utility plan. Per the plans, the contractor is to verify in the field if the proposed parcels have existing laterals, if not, then a new lateral will be installed to connect to Medallion Drive sewer main. A new 8-foot-wide private sewer easement is proposed to be dedicated on Parcel #3 for the existing sewer lateral for Parcel #1. A copy of the recorded private sewer easement shall be provided to USD.
19.Sewer Capacity Fee: For the future single family home developments, the capacity fees (connection) will be calculated from the applicable rates in USD’s Capacity Fee Ordinance, see
https://www.unionsanitary.ca.gov/images/USD_35.23_Capacity_Fee_Ordinance. pdf, and will include but may not be limited to the following categories (rates increase August 1 every year; rate used is determined by issue date of city building permit):
• Single Family Dwelling Units = $10,755 per unit.
• Accessory Dwelling Units = $5.48 per square foot.
20.Sewer Capacity Credit: Previously vacant lots with no prior buildings, not applicable.
21.Permit & Inspection: USD permits and inspects all sanitary sewer work outside of a building footprint. Three (3) sets of improvement plans and a Request for Plan Check form shall be submitted to USD for review and approval. Additional documents may be required.
Alameda County Water District
22.There are two water mains present at or along the project site’s frontage:
a. Existing 8” PVC water main within Medallion Way.
b. Existing portion of 2” PVC water main at southeast property corner.
1. Existing ¾” water meter serving 32415 Winchester Drive
23.Per the provided letter and plans, the existing parcel will be subdivided into a total of 3 lots. Each lot must be served from its own water service. With the proposed subdivision, “Parcel 2” and “Parcel 3” will both require new, separate, water service connections and may not be furnished from the existing home’s service on “Parcel 1”.
a. If the applicant intends to build an ADU on the same parcel as a primary house, then the ADU can be served from the same meter as the primary house on the lot.
ADUs on one lot cannot be served by a different or adjacent lot.
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b. If the applicant intends to construct an ADU along with a new house on the either of the new lots (“Parcel 2” and/or “Parcel 3”), a separate service will be required to serve the respective lot and then the ADU can be served from the same meter as the primary house on that lot, provided the lot will not be able to be split or subdivided in the future.
24.Project Proponent will need to pay new facilities connection charges for all new services and units, consistent with ACWD Development Policy and the current ACWD Schedule of Development Fees and Charges.
https://www.acwd.org/DocumentCenter/View/114/Schedule-of-DevelopmentFeesand-Charges?bidId=
25.The District requires that minimum clearance requirements are maintained between water meters, service lines, fire hydrants or mains and the nearest utilities, buildings, and trees. Reference District Standard Drawings CL-1-08 through CL-5-08.
26.Easements dedicated to the District shall be provided for all District-owned appurtenances located on private property and outside the public right-of-way.
Easements dedicated to the District will require a plat and legal description, prepared by a licensed surveyor, to District standards, along with a current title report for any property or properties affected by the easement. The applicant should refer to the Development Specifications or contact the District Engineering Department for more information.
27.For modifications of existing water facilities or to initiate new water service to the property, the Project proponent should contact the District Engineering Department. Any existing water services which will not be used in the new development must be removed by the District at the Project proponent’s expense.
The Project proponent is encouraged to meet with Engineering staff to review your Project prior to submitting the application or other materials or if you need assistance in completing the Customer Work Request Application. The application and instruction can be found on the District’s website at:
https://acwd.org/171/Customer-Work-Request-Application. The District’s estimate for processing Customer Work Request Applications through Field Construction is 4-6 months. The Project proponent should plan accordingly.
28.The Project shall be designed to implement water efficient plumbing fixtures and irrigation systems, including but not limited to, those listed in the Water Efficiency Measures for New Development, located on the District’s website (http://acwd.org/DocumentCenter/View/421).
29.Upon development of “Parcel 2” and/or “Parcel 3” Project Proponent should contact ACWD’s Groundwater Department regarding requirements related to any Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 Planning Commission Resolution No. #10-24
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drilling or existing wells that may be on the site. If any sheet piles, drilling, or deep excavations will be completed as part of the Project, you will need to coordinate the work and may need to obtain a permit from the Groundwater Resources Division.
Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 Planning Commission Resolution No. #10-24
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I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on June 27, 2024, by the following vote:
AYES: (GUIO, LEW, MCLELLAND, GUPTA GARG)
NOES: NONE
ABSTAIN: NONE
ABSENT: (ROMERO, SANDHU)
MOVED: (MCLELLAND)
SECONDED: (GUIO)
APPROVED:
______________________________________
JO ANN LEW, CHAIRPERSON
ATTEST:
_________________________________
CARMELA CAMPBELL, SECRETARY
Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 medallion drive
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Civil Engineers Designers
Land Surveyors Planners
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3111 Castro Valley Blvd., Ste. 200, Castro Valley, California, 94546 Tel: 510-581-2772 Fax: 510-581-6913 www.greenwoodmoore.com EXHIBIT A Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397
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Land Surveyors Planners
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(68' wide) T I R GNEL A EY R. M OFESSI OO ON EF TEREDFRPR REE IA N C IV IL OF CA R IFO L STA REG E Exp. 03/31/2024 No. C042628 J E N IS GREENWOOD MOORE,
Civil Engineers Designers
Land Surveyors Planners
INC & & GM
3111 Castro Valley Blvd., Ste. 200, Castro Valley, California, 94546 Tel: 510-581-2772 Fax: 510-581-6913 www.greenwoodmoore.com MG Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397 SD
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(68' wide) T I R GNEL A EY R. M OFESSI OO ON EF TEREDFRPR REE IA N C IV IL OF CA R IFO L STA REG E Exp. 03/31/2024 No. C042628 J E N IS GREENWOOD MOORE,
Civil Engineers Designers
Land Surveyors Planners
INC & & GM
3111 Castro Valley Blvd., Ste. 200, Castro Valley, California, 94546 Tel: 510-581-2772 Fax: 510-581-6913 www.greenwoodmoore.com MG Docusign Envelope ID: 377707EB-0927-4CB3-AA77-68B70545B397