Ordinance Number 798iss
ORDINANCE NO. 798
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 7 OF THE MUNICIPAL
CODE ENTITLED RESIDENTIAL GROWTH MANAGEMENT PER
GENERAL PLAN AMENDMENT 93-2, TO ESTABLISH AN EXEMPTION
FOR AFFORDABLE HOUSING PROJECTS WHICH INCORPORATE LONG-
TERM AFFORDABILITY AGREEMENTS PER MUNICIPAL CODE SECTION
9-3.511 AND OTHER MISCELLANEOUS TEXT MODIFICATIONS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
WKOYBUIFINEENEWM
WHEREAS, the City Council, in adopting the Housing Element to the City's
General Plan, included an implementation program which stated that an amendment to the existing
Residential Growth Management regulations would be processed to remove potential barriers to
creating opportunities for encouraging the development of affordable housing developments; and,
WHEREAS, the proposed Municipal Code amendment has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act and has issued a Negative
Declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's
Environmental Review Guidelines, and has otherwise complied with all applicable provisions of
the California Environmental Quality Act; and,
WHEREAS, the City's Housing Advisory Committee reviewed the proposed
Municipal Code amendments at its meetings of May 5, 1997, and May 19, 1997, and forwarded
a recommendation of approval to the Planning Commission and City Council; and,
WHEREAS, the Planning Commission reviewed the Municipal Code amendment
at its meeting of June 10, 1997, and after conducting a duly -noticed public hearing, forwarded a
recommendation of approval to the City Council; and,
WHEREAS, the proposed Municipal Code amendment is consistent with the
policies and objectives of the San Juan Capistrano General Plan, specifically, the Municipal Code
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136
amendment is designated to implement action programs incorporated into the recently -adopted
Housing Element to remove potential barriers to creating affordable housing opportunities; and,
WHEREAS, the proposed Municipal Code amendment, although exempting
specifically defined residential projects from the provisions of the requirements of Title 9, Chapter
7, still requires compliance with all other applicable provisions of Title 9 (Land Use); and,
WHEREAS, the City Council has considered the Initial Study prepared on this
Municipal Code amendment and does hereby certify the Environmental Administrator's
determination to issue a Negative Declaration, and has carried out all other applicable provisions
of the California Environmental Quality Act.
Based upon the findings set forth in Section 1, preceding, Title 9, Chapter 7 of the
Municipal Code is hereby enacted in its entirety as set forth in Exhibit "A", attached.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
P-3 KIN 1►'
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
ATTEST:
CITY CLE
PASSED, APPROVED
. 1997.
AND ADOPTED this i sth day of
DAVID M. SWERDLIN, MAYO
2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 798 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on July 1 , 1997, and adopted at a
meeting held on July 15 19977 by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JQ-INSON, CITY CLERK
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138
EXHIBIT "A"
CHAPTER 7.
RESIDENTIAL GROWTH
MANAGEMENT
See. 9-7.01. Definitions.
For the purposes of this chapter,
unless otherwise apparent from the context,
certain word and phrases used in this chapter
are defined as follows:
(a) "Affordable housing" shall mean
residential projects that are affordable by
qualified very low and low income
households as defined by Section 9-3.511(h)
of this title.
(b) "Allocation" shall mean the
number of dwelling units in a residential
development project for which building
permits may be issued in a specified calendar
year. The total allocation shall be less than or
equal to the numerical limits set by resolution
of the Council for the same calendar year.
(c) "Competitive evaluation" shall
mean the process of comparing the project
rating scale point rating of projects approved
in concept in order to determine priorities in
receiving the yearly allocation of dwelling
units.
(d) "Concept review" shall mean the
review of residential projects subject to this
chapter to determine if such projects may
proceed to the competitive evaluation, unit
allocation, and, if applicable, tentative map
review stages. Projects may be denied or
approved in concept at the concept stage of
the review.
(e) "Custom house" shall mean a
house designed especially for construction on
a particular residential lot.
(f) "Environmental review" shall
mean the process of determining the impact
of proposed projects on the environment. The
review process shall be carried out in
accordance with the California
Environmental Quality Act and the guidelines
of the City.
(g) "EA" shall mean the
Environmental Administrator.
(h) "General Criteria" shall mean
certain aspects of residential projects
associated with growth management, relating
primarily to project design, housing mix, and
public benefit, which are incorporated into a
project rating scale (PRS). The PRS shall be
used to give point ratings to proposed
residential developments for future
competitive evaluations.
(i)" Land sale subdivisions" shall mean
a subdivisions in which one or more
residential lots are sold by the subdivider to
another party prior to home construction on
the lot.
0) "Land Use Code" or "LUC" shall
mean Chapters 1 through 4 of this title.
(k) "Numerical limit" shall mean the
total number of dwelling units for which
building permits may be issued within the
City during a given calendar year. The
numerical limits shall be adopted by the
Council.
(1)"Project rating scale" "PRS" shall
mean a measuring device, composed of a
number of general and specific rating criteria
relating to project design, location, and other
characteristics, used in the assigning point
rating to proposed residential projects prior
to the competitive evaluation of two (2) or
more projects.
(in) "Residential allocation schedule"
or "RAS" shall mean the timetable used to
specify the number of dwelling units in
residential projects for which building
permits may be issued during each of three
(3) calendar years.
Exhibit A, Page 1
139
(n)"Residential project" shall mean a
development project which will result in the
construction of new dwelling units in the
City. Such projects may of may not involve
the subdivision of land.
(o)"Specific criteria" shall mean
certain aspects of residential projects
associated with growth management, relating
primarily to site location, circulation, and
consistency with City regulations, which are
incorporated into a project rating scale
(PRS). The PRS shall be used to give point
ratings to proposed residential developments
for future competitive evaluations.
Sec. 9-7.02. Findings.
The Council finds that:
(a) The City has grown from a
population of 3,781 in 1970 to an estimated
15,500 in December, 1976. During 1973, the
growth of the City constituted the highest
percentage growth of all cities in the State. In
1974 and 1975, the percentage growth of the
City was the highest in the County.
(b) Residential project approvals
between 1970 and 1975 have produced an
average yearly increase of 600 dwelling
units, with a high of 1,122 in 1972.
(c) During 1973 and 1974 the citizens
and Council prepared a Citizens' Policy Plan
and revised General Plan through a
comprehensive public participation process
involving all interests in the community.
(d) The General Plan, based upon the
Citizens' Policy Plan and General Plan
adopted on December 18, 1974, resulted in
a residential holding capacity equivalent to a
maximum population of 42,000 at full
development. Such maximum population is
approximately one-half (1/2) that of the
previous General Plan, reflected the long
standing concern of the City with the regard
to the possible adverse effects of growth on
the City.
(e) Continued unrestrained residential
growth will seriously impair the ability of the
City to effectuate the goals and policies_ of
the General Plan and the Citizens' Policy
Plan.
Sec. 9-7.03. Purpose: Goals and
objectives.
Because of the findings set forth in
Section 9-7.02 of this chapter, the City has
developed certain goals and objectives,
consistent with the General Plan and the
Citizens' Policy Plan, to be implemented by
a growth management program. the
following goals and objectives constitute the
purpose of this chapter:
(a) Goal No. 1: To preserve the
village and semi -rural life style of the City.
The objectives of Goal No. 1 are as follows:
(1) To provide sufficient time to
adequately address the issues of quality,
environmental impacts, and social
consequences in the development review
process for all residential subdivisions and
commercial projects;
(2) To minimize the adverse impacts
of constant building construction activity
adjacent to existing residential
neighborhoods;
(3) To coordinate residential and
commercial growth with public
improvements (such as arterial roads, parks
and the like) in order to prevent premature
public expenditures or unused capacities; and
(4) To provide for the gradual and
controlled urbanization of non -preservable
agricultural areas and developable rural areas
in order to minimize the potential impacts
inconsistent with the goals of the General
Plan.
Exhibit A, Page 2
AU
(b) Goal No. 2: To prevent
overloading the public agencies servicing the
citizens of the City. The objectives of Goal
No. 2 are as follows:
(1) To allow for the adequate
municipal services (such as recreation
programs, neighborhood assistance, home
improvement permits, business and
commercial services, parks and street
maintenance and the like) without causing a
lower level of service due to increased
growth;
(2) To allow time to provide public
facilities (such as park improvements,
meeting facilities, libraries, and the like)
adequate to serve the existing and future
population;
(3) To provide a mechanism which
allows school capacities to keep pace with
residential growth such that staggered and
double sessions, large classes, and the
general overcrowding of facilities do not
become characteristic of schools in the City
during the growth years;
(4) To allow for the planning and
funding of public improvements and utilities
commensurate with the ability of the
community to absorb the cost and growth -
inducing impacts;
(5) To allow for needed adjustments
in the provision of public safety services,
such as the acquisition of sites and the
construction of fire stations, increased patrol
units and additional special services from the
County Sheriff, Health Department, and
Building and Safety Department; and
(6) To allow for the prevention of
deficiencies in development projects during
the review stage and for correction of
deficiencies after the move -in.
(c) Goal No. 3: To insure the vitality
and economic stability of the community.
The objectives of Goal No. 3 are as follows:
(1) To maintain control over City
expenditures and to prevent the
overburdening of local revenue sources by
avoiding the need for the accelerated
construction of major public facilities and
improvements;
(2) To provide a continuing balance
of old and new housing in order to prevent
future neighborhood preservation problems
and to allow a continual range of housing
opportunities for the residents of the City;
(3) To provide opportunities for the
housing of low and moderate income families
in the community, consistent with the
provisions of the revised Housing Element
adopted on March 4, 1997;
(4) To provide for the orderly
integration of the commercial, light
manufacturing, and service sectors, paced to
the needs of the local residents and the
capabilities of the local public services and
facilities; and
(5) To provide adequate safeguards to
protect the economic interests of the City,
local residents, landowners, and commercial
establishments.
(d) Goal No. 4: To address growth -
related regional problems. the objectives of
Goal No. 4 area as follows:
(1) To confer with other public
agencies in the region concerning the growth
management program of the City in order to
foster cooperation and assistance in solving
mutual growth -related problems.
Sec. 9-7.04. Authority.
The authority for this chapter is
derived from the general police powers
granted to local governments by the State for
the purpose of preserving the public health,
safety, and general welfare. More
specifically, authority is derived from
Sections 65000, et seq. of Title 7 of the
Exhibit A, Page 3
141
Government Code of the State providing for
the adoption of local planning, zoning, and
other land use regulations.
Sec. 9-7.05. Scope.
The provisions of this chapter pertain
to residential development projects only.
However, the City shall closely monitor
commercial and industrial developments to
insure that balance is maintained among the
three (3) types of land use as required by the
General Plan.
See. 9-7.06 Exemptions: Projects with
nonsignificant impacts.
(a) Findings. The Council finds that:
(1) Based on past experience with
residential development in the City, the types
of residential projects set forth in subsection
(b) of this section do not have a significant
impact on the growth rate of the City.
(2) Because of the negligible
contribution of such projects to the growth
rate of the City as compared with other types
of residential projects, the achievement of the
objectives set forth I Section 9-7.-3 of this
chapter would not be promoted by subjecting
the projects set forth in subsection (b) of this
section to the phasing requirements of this
chapter.
(b) Exemptions. In accordance with
the findings set forth in subsection (a) of this
section, the following types of residential
projects shall be exempted from the
provisions of this chapter: provided,
however, such projects shall be processed in
accordance with the LUC and all other
applicable regulations:
(1) Small Projects. Projects
containing twelve (12) or fewer residential
lots or dwelling units. The grouping of
contiguous parcels to develop a series of
projects of twelve (12) units or less shall be
construed as an attempt to subvert the
purpose of this section. Such grouped or
contiguous projects shall not be exempt from
the requirements of this chapter; and
(2) . Large lot projects. Projects. -'of
single-family dwellings wherein no
residential lot is less than two and one-half (2
1/2) acres in size.
Sec. 9-7.07. Exemptions: Custom houses.
(a) Findings. The Council finds that
the issuance of building permits for the
construction of custom houses on individual
lots in land sale subdivisions does not result
in a significant contribution to the residential
growth rate of the City.
(b) Eligibility requirements for
building permits. In accordance with the
findings set forth in subsection (a) of this
section, custom houses sin projects subject to
growth management requirements shall be
eligible for the issuance of building permits
as follows:
(1) In accordance with the effective
RAS in the same manner as any other type of
dwelling unit so long as unused permit
allocations are available for the calendar year
in question at the time of the application for
the permit; and
(2) In addition to the requirements set
forth in subsection (1) of this subsection, if
all permits allocations have been used for the
calendar year in question at the time of the
application for the building permit, building
permits may nevertheless be issued for
custom houses in such calendar year up to
the cumulative number of unused permit
allocations from the previous calendar years.
The scheduling provisions as set forth in this
subsection shall apply only to the
construction of custom houses on individual
lots wherein the lot owner has no financial
interest in any other lot in the project.
Exhibit A, Page 4
142
(c) Prerequisites. The provisions of
subsections (a) and (b) of this section shall
apply only to the timing of the issuance of
building permits after a land sale subdivision
is approved through the standard growth
management process. The overall land sale
subdivision shall not be exempt from any
growth management processing allocation
requirement, unless such subdivision
qualifies for an exemption pursuant to the
provisions of Section 9-7.06 of this chapter.
The provisions of subsection (b) of this
section regarding the issuance of building
permits for custom houses shall apply only
after such land sale subdivisions are approved
though the standard growth management
process set forth in Section 9-7.09 of this
chapter.
Sec. 9-7.07.1 Exemptions: Large-scale
planned communities.
(a) Findings. The Council finds that
the issuance of building permits for large-
scale planned communities are more
appropriately controlled through the inclusion
of a growth phasing program within the
development regulations of the prospective
comprehensive development plans rather than
by the procedures set forth elsewhere in this
chapter (specifically in Section 9-7.09). Such
a provision will allow for the orderly
development of large -scaled planned
communities over an extended period of
time.
(b) Eligibility requirements for
growth management phasing programs. A
planned community encompassing 400 plus
acres and a minimum of 400 residential
dwelling units may provide for a separate
growth management phasing program for
the issuance of building permits subject to the
inclusion of the following elements within
the comprehensive development plan of the
planned community:
(1) The identification of specific
residential development areas and the
segmented allocation of building permits over
a minimum four (4) year period; and
(2) The identification of the public
improvements, dedications, and construction
impacts necessary to implement the
sequential development pattern identified in
subsection (1) of this section.
Sec. 9-7.07.2 Exemptions:
Affordable housing
projects with
affordabilit y
agreements.
(a) Findings, The Council finds that
the creation of affordable housing
developments is encouraged and recognized
as a benefit to the City. Such projects insure
that the City provides a balance of housing
opportunities for low and very low income
households which is not being satisfied by
the existing housing market. The Housing
Element of the General Plan makes specific
findings and contains a list of housing
programs to meet this existing need. In order
to insure that such projects are encouraged
and built in a timely manner, the Council
does hereby exempt affordable residential
housing projects from the provisions of this
chapter
(b) Eligibility. In accordance with the
findings set forth in subsection (a) of this
subsection, all residential projects that are
consistent with the provisions of Section 9-
3.511 of this title and provide affordability
agreements consistent with Section 9-3,511
are hereby exempt from the provisions of this
chapter. The processing of such affordable
residential projects shall be subject to all
other provisions of this title.
Exhibit A, Page 5
143
Sec. 9-7.08 Numerical limits.
(a) Setting: Criteria. Each year, after
considering the economic, environmental,
and other studies relevant to the growth
management program, the Council shall
determine the maximum number of dwelling
units to be issued building permits, consistent
with the purpose and intent of this chapter as
set forth in Section 9-7.03 of this chapter.
The numerical limits shall be set in
accordance with the procedures set forth in
subsection (b) of this section. The numerical
limits shall be expressed as the total number
of dwelling units, for projects not exempted
by Sections 9-7.06, 9-7.07, and 9-7.02 of
this chapter, which may be permitted in a
specified calendar year. The numerical limits
shall provide for residential growth with the
land area of the City as of January 14, 1977,
of not more than 400 units per year for
nonexempt projects.
(b) Setting: Procedure. In January of
each year, the Council shall adopt a
resolution setting the numerical limits for
each of the three (3) subsequent calendar
years. The consideration and adoption of the
numerical limits shall be done at a duly
noticed public hearing. The resolution shall
set forth the factual findings supporting the
determination of the numerical limits.
The numerical limits adopted in
January shall cover the succeeding three (3)
years. For example, the numerical limits for
1979, 1980, 1981 shall be adopted initially in
1978. Subsequently, in January of 1979, the
numerical limits for 1980 and 1981 may be
adjusted, if necessary, and new numerical
limits set for 1982. The Council may adjust
the numerical limits previously set for 1980
and 1981 if it determines by factual findings
that such adjustments are necessary to
support the goals and objectives set forth in
Section 9-7.03 of this chapter. However, in
no case shall the Council reduce previously
set numerical limits for a calendar year at a
level lower than the total number of dwelling
units already allocated for construction in
such calendar year. Thus, no previously
granted yearly dwelling unit allocation for a
project may be reduced as a result of an
adjustment to the numerical limits for such
year.
(c) Effect of growth due to
annexations. The numerical limits are
intended to place a ceiling on the number of
dwelling units which may be constructed
each year within the land area within the City
as of January 14, 1977. The numerical limits
are not intended to include dwelling unit
allocations for residential growth on new
land annexed to the City. Therefore, such
annexed projects shall be considered
separately with respect to the growth
management requirements of this chapter.
The following provisions shall apply to
projects for land annexed to the City after
January 14, 1977:
(1) Annexed projects shall be
allocated and phased separately from in -City
projects. Because of the time constraints of
local and State annexation requirements, the
Council may adopt a phasing schedule for
such projects proposed for annexation at any
time during the calendar year.
(2) The combined total of yearly
allocations granted to annexed and in -City
projects may exceed the 400 unit maximum
imposed on growth due to in -City projects.
However, additional allocations (above the
previously set numerical limits) granted to
annexed residential projects in any given
calendar year shall not exceed the number of
acres I such projects.
(3) Projects to be annexed shall be
subject to all development review and design
standards of the LUC. Such projects shall
Exhibit A, Page 6
tm
undergo the preliminary screening,
environmental review, concept review, and
point rating procedures set forth in Section 9-
7.09 of this chapter prior to action by the
City on Such annexations. The results of the
point rating process for any project eligible
for annexation shall be considered by the
Council prior to action on such annexation.
See. 9-7.09. Residential developments:
Reviews.
(a) Required. In addition to the
provisions of the LUC, the procedures set
forth in this section shall be used in
processing residential development projects.
(b) Preliminary screening.
Applications for residential developments not
exempted by Sections 9-7.06, 9-7.07, and 9-
7.07.2 of this chapter shall undergo
preliminary screening and point rating by the
EA. The EA shall rate projects on the
specific criteria of the PRS. Criteria to be
included in the PRS are set forth in Table 1
of this section. The completed PRS,
including the maximum points allowed for
each criterion shall be adopted by the
Council by resolution prior to March 1,
1997. The EA shall also recommend a point
rating for a project on the general criteria of
the PRS.
In addition to assigning a preliminary
point rating, the EA shall carry out the
preliminary review procedures set forth in
subsection (b) of Section 9-2.301 of Article
3 of Chapter 2 of this title.
(c) Environmental review. Following
the preliminary screening, the EA shall carry
out an initial study to determine if an
environmental impact report is required for a
project. The environmental review process
shall be carried out in accordance with
Article 2, Chapter 2 of this title and the
Environmental Review Guidelines of the
City.
(d) Concept reviews and point
ratings.
(1) Concept reviews. Following the
environmental review, projects shall Ue
forwarded to the Planning Commission and
thereafter to the Council. The material
required from applicants for concept review
shall include the following:
(i) A zone change application (if a
zone change is required);
(ii) A tentative subdivision map or
site plan:
(iii) The architectural concepts; and,
(iv) Other materials as required by the
Planning Director.
(2) Point ratings. During concept
reviews, the Planning Commission shall
assign point ratings to projects for which it
recommends approval. Ratings shall be made
by means of the criteria of the PRS described
in Table I of this section. The Planning
Commission rating shall be an overall rating,
using both the specific and general criteria
and shall confirm or modify the EA
recommended rating on the general criteria.
TABLE 1: PROJECT RATING SCALE
CRITERIA
(a) Specific criteria.
(1) The proximity of the nearest
developed public park or other public
recreation facility (for example, junior high
or high school)*;
(2) The proximity of the nearest
public elementary school*;
(3) Whether the project site is located
in attendance areas served by schools
designated as overcrowded;
Exhibit A, Page 7
145
(4) Whether the project requires the
extension of commuter or arterial roads for
access;
(5) Whether the project provides dual
access to development;
(6) Variances requested to
accommodate the project;
(7) A General Plan amendment
required to accommodate the project; and,
(8) The consumption of land
designated for Resource Conservation and
Production in the General Plan (percentage
of site area).
(b) General criteria.
(1) Landform alteration, sensitivity of
grading concepts, and ridge line
preservation;
(2) The provision of open space,
public and private;
(3) The provision of private
recreation facilities;
(4)1.1',he overall quality of design
(innovation, architectural quality, amenity,
and the like);
(5),The unusual public benefits from
the project**; and,
(6) The provision of low and
moderate income housing which do not have
affordability agreements.
* Measured from the nearest
boundary of the most distant lot (or dwelling
unit if there are no individual lots) in the
project to the nearest boundary of the park or
school site.
** Examples include the correction of
unsafe conditions, mitigation of existing
adverse environmental or aesthetic
conditions, preservation of historic structure
or sites and the like.
Following the concept review, the
Planning Commission shall forward the zone
change request (if any), development plans,
and point rating of each project to the
Council with a recommendation for approval
or denial. The Council shall confirm or
modify the point rating and shall take action
to approve the project in concept or deny .the
project. Concept approval shall not constitute
the final approval of a project, nor shall it
insure that the project will receive yearly unit
allocations upon the adoption of the RAS
described in subsection (2) of subsection (e)
of this section. However, concept approval
shall qualify a project to proceed to the
competitive evaluation and consideration for
unit allocations. The final approval of a
project shall occur only when it has been
included in an RAS by resolution of the
Council.
(e) Allocation of dwelling units.
(1) Scheduling. The Council shall
carry out competitive evaluation and unit
allocations for residential projects once each
year. Except for the initial competitive
evaluation, such procedure shall be carried
out in February of each year. The initial
meeting putting the evaluation and allocation
system into effect shall be held when deemed
appropriate by the Council, but in no case
later than March 1, 1997. All competitive
evaluation/unit allocation meetings shall be
noticed public hearing.
(2) Competitive evaluations and unit
allocations.
(i) Eligibility. Projects approved in
concept by the Council prior to the annual
competitive evaluation meeting described in
subsection (1) of this subsection shall be
eligible for competitive evaluations and
dwelling unit allocations. Prior to the
Council evaluation and allocation, the
Planning Commission shall review all
projects and forward recommendations to the
Council for the allocation of dwelling units.
Exhibit A, Page 8
146
(ii) Ranking. After receiving the
recommendations from the Planning
Commission, the Council, during its annual
competitive evaluation, shall rank all projects
eligible for evaluation in the order of their
respective total point ratings (the sum of the
PRS specific and general criteria, plus the
bonus points, if any).
(iii) Priorities for higher -ranked
projects. The Council shall consider each
applicant's desired build -out schedule in
determining the dwelling unit allocations.
Higher -ranked projects shall take priority
over lower -ranked projects in receiving such
consideration. The Council may grant
dwelling unit allocations to some or all
eligible projects. However, in no case shall
a project be denied an allocation for a
calendar -year when a lower -rated project is
granted an allocation for that year or for a
previous year.
(iv) Residential allocation schedule.
The Council shall annually adopt the
allocations given by means of a three (3) year
RAS (See Table 2).
Allocations granted in the RAS
adopted in February of a given year shall
cover that year and the succeeding three (3)
years. For example, the RAS adopted in
February 1978 shall cover 1978, 1979, 1980,
and 1981. The RAS shall be adopted by the
Council by resolution.
(v) Residential allocation schedule
and numerical limits. The RAS shall show
the running cumulative totals of the dwelling
units allocated for previously -approved
projects for each year. The Council shall
insure that allocations for new projects under
consideration (including large-scale planned
communities regulated by Section 9-7.07.1
of this chapter) do not result in an RAS
cumulative dwelling unit total greater than
the yearly numerical limits set by the Council
by resolution as set forth in Section 9-7.08 of
this chapter. Said RAS cumulative dwelling
unit total shall include dwelling unit building
permits allocated separately to large-scale
planned communities pursuant to the
provisions of Section 9-7.07.1 of this
chapter. If the numerical limits set for a
given year have already been filled by said
RAS cumulative allocations, new allocations
may be granted only for succeeding years
whose numerical limits have not been so
filled.
(f) Final maps and building permits.
Following concept review, tentative map
approval and adoption of the Residential
Allocation Schedule, the final maps and
building permits shall be processed in
accordance with the Land Use Management
Code and other applicable regulations.
(g) Adjustments to the residential
allocation schedule. The Council may make
adjustments to the RAS following its
adoption as set forth in subsection (e) of this
section if the Council determines that such
adjustments are necessary to serve the
purpose of this chapter as set forth in Section
9-7.03 of this chapter. Considerations of
adjustments to the RAS shall be done at a
duly noticed public hearing and may include
developer requests for modifications of
permit allocations, unused allocations
(dwelling unit permits allocated but not
issued), and other factors bearing on the
objectives of the growth management
program as set forth in said Section 9-7.03.
After receiving testimony and considering all
other relevant information, the Council may
make any necessary adjustment to the RAS.
However, no RAS adjustment shall be made
which has the effect of reducing or
eliminating any allocation previously granted
to a project pursuant to the provisions of this
Exhibit A, Page 9
147
_ chapter without the consent of the project
sponsor.
Sec. 9-7.10. Administration.
(a) Issuance of building permits.
Except as otherwise provided in this section,
no building permit shall be issued for a
residential dwelling unit unless:
(1) It is within a project exempted by
Section 9-7.06 or 9-7.07.2 of this chapter:
(2) It is within a large-scale planned
community subject to growth management
phasing in accordance with Section 9-7.07.1
of this chapter, or
(3) It is provided for in an RAS
adopted by resolution by the Council
pursuant to the provisions of subsection (e)
of Section 0-7.09 of this chapter.
(4) Extensions of time for tentative
tracts. The City shall approve all aspects for
tentative tract time extensions if the City
determines that such extensions are necessary
to implement the allocations previously
granted to such tracts in an adopted RAS.
Exhibit A, Page 10
]46
TABLE 2
SAMPLE RESIDENTIAL ALLOCATION SCHEDULE
Previously Approved Projects
Tentative Tract .......................................................
Tentative Tract .......................................................
TentativeTract .......................................................
Tentative Tract .......................................................
Subtotals (Old Projects) ..............................
Building Permits Issuablen-<.
Calendar Year
1977
1978
1979
24
26
0
43
40
0
30
26
0
52
0
0
149
92
0
New Projects To Be Allocated
Tentative Tract .......................................................
46
60
0
Tentative Tract .......................................................
52
0
0
Tentative Tract .......................................................
68
85
81
Subtotals (New Projects) .............................
166
145
81
Totals (Old and New Projects) ....................
315
237
81
New Remaining Allocations ........................
(Annual Numerical
Limit
Minus Total)
Note: Numbers shown are for illustration purposes only.
Exhibit A, Page 11