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Ordinance Number 798iss ORDINANCE NO. 798 ul ►11 1► Y ' WNK&A110 0II_ ul J►1 Lei I' : 1 I ► Y Y — - 1711110 -- 37 M4,071 9. TI : ► : u I ►Y y 1 ,- I n_ I . 1 I► 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 -I- 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 3- 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