Chapter 15.04
GROWTH MANAGEMENT PROCEDURES
Sections:
15.04.040 Building permits – Generally.
15.04.050 Building permits – Maximum number issued per year.
15.04.060 Building permits – Maximum number allocated per year.
15.04.070 Building permits – Application requirements.
15.04.075 Building permits – Allocation process.
15.04.080 Building permits – Restrictions.
15.04.085 Building permit allocations – Affordable senior housing.
15.04.090 Building permit allocations – Affordable housing.
15.04.095 Building permit allocations – Exemptions.
15.04.010 Purpose.
The city council finds and determines:
A. The city has adopted a general plan which calls for continued review and improvement of zoning and subdivision ordinances which for residential purposes are to achieve the following objectives:
1. To maintain and promote the distribution of residential densities as prescribed by the general plan map;
2. To maintain and promote economically, physically, and socially viable residential neighborhoods;
3. To preserve viable agricultural land to the maximum extent possible in the development and expansion of residential areas;
4. To promote development of educational, recreational and other necessary public facilities contributing to desirable residential areas.
B. Inadequately planned speculative residential development has sometimes created in the past, and unless controlled in the future will create or aggravate the following conditions:
1. Wasteful construction of public facilities on a crisis basis;
2. Overburdening of municipal services and utilities;
3. Increases in tax costs in excess of tax gains;
4. Premature and inefficient commitment of prime agricultural land to urbanization;
5. Environmentally detrimental development patterns.
C. Zoning ordinances alone cannot provide the comprehensive types of development review procedures which will ensure a high level of environmental protection, sequential orderly development, and achievement of other goals set forth in the general plan.
D. It is therefore the purpose of this chapter to provide an equitable method for utilizing limited municipal services and utilities; to provide a method whereby the demand for all city services to the citizens of the community are adequately met; and to control future rate and distribution of growth, while still meeting the future housing needs as determined by the Housing Element to the Escalon General Plan.
E. Annexations of land for future subdivision purposes contribute to growth problems for the city. It is the policy of the city council to carefully review annexation proposals for their impact on city services and the growth problems they may create or increase. (Ord. 516 § 2, 2008)
15.04.020 Findings.
A. The city council has considered the effect of the adoption of the ordinance codified in this chapter on the housing needs of the region in which the city is situated and balanced those needs against the public service needs of its residents and available fiscal and environmental resources.
B. Pursuant to Section 65863.6 of the Government Code, the city council makes the following findings as to the public health, safety and welfare of the city to be promoted by the adoption of this chapter which justify reducing housing opportunities of the region:
1. The growth management system serves the public interest and protects the public health, safety and welfare by implementing residential growth parameters upon which future planning for land use and major city facilities is based.
2. Prior to adopting this chapter, the city council considered the housing needs of the region in which the city is situated and balanced those needs against fiscal and environmental resources.
3. The city is located upon and adjacent to prime agricultural land which is a limited resource of statewide significance.
4. A level of housing construction of 75 dwelling units per year provides adequate expansion of the housing stock to accommodate both households formed from the local population and a reasonable share of those households expected to migrate to this area.
5. This chapter is intended to and shall assure that the rate of population growth will not exceed the city’s ability to assimilate new residents and provide municipal services consistent with the maximum growth rates established in the general plan. Regulation of the rate of growth is also intended to help provide the time needed to assess and overcome the resource limits which the city faces and to assure that if development must be limited by resource availability, those projects which best meet the city objectives for affordable housing, wise use of land and energy, and provision of public facilities will be allowed to proceed with minimum delay.
6. The semi-rural character of the community and the quality of life prevalent in the city and its sphere of influence are of great importance and can best be preserved by limiting the rate of growth at the rate set forth in this chapter. Limited growth is necessary to ensure that traffic demands do not exceed the capacity of the local streets that are in character with the city’s semi-rural nature. (Ord. 516 § 2, 2008)
15.04.030 Definitions.
For the purpose of this chapter the following words are defined as set out in this section, unless it is apparent from their context that a different meaning is intended:
A. “Affordable housing” means housing restricted to occupancy by low-, very low-, or extremely low-income housing for a minimum of 50 years and provided at costs affordable to lower income households, as set forth in Health and Safety Code Section 50052.5 as amended.
B. “City council” means the city council of the City of Escalon.
C. “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
D. “Multifamily structures” means any building having two or more independent and attached residential units, including duplex, triplex, condominium, townhouse or apartments.
E. “Lots of record” means those lots legally in existence and shown as such on the last equalized tax roll by the San Joaquin County assessor.
F. “Subdivision unit,” for the purposes of this chapter, means a subdivision that has more than four parcels, is a portion of a tentative map and the entire unit is assigned a tract number by the county surveyor.
G. “Year” means fiscal year commencing July 1st and ending June 30th. (Ord. 527 § 2, 2010)
15.04.040 Building permits – Generally.
EMC 15.04.040 through 15.04.100 regulate the issuance of building permits to implement the purpose of this chapter. (Ord. 516 § 2, 2008)
15.04.050 Building permits – Maximum number issued per year.
The maximum number of building permits for the construction of new single-family dwelling units shall be 75 per year; except that the city council may increase the maximum number of building permits to be issued to a number not to exceed 100, including permit allocations rolled over from the preceding year; provided, however, that the number of building permits to be issued other than rollovers shall in no event exceed 75. Applications for rollover allocations have priority over applications for new allocations. (Ord. 516 § 2, 2008)
15.04.060 Building permits – Maximum number allocated per year.
The maximum number of building permits available for allocation for the next succeeding year under EMC 15.04.070 shall be determined by reducing the annual allotment of building permits for the next succeeding year under EMC 15.04.050 by the number of building permits set aside by the city council for the next succeeding year for multifamily structures or use permits for mobile home park development. This reduction shall be at the rate of one single-family dwelling unit for each two multiple dwelling units or two mobile homes and by the number of senior affordable allocations set aside pursuant to EMC 15.04.085. (Ord. 516 § 2, 2008)
15.04.070 Building permits – Application requirements.
A. Building permits may be allocated twice per year. The primary allocation period is effective July 1st and these allocations are valid for the full fiscal year for which granted. The secondary allocation period would be effective January 1st and these allocations are valid only for the remainder of the fiscal year in which granted. The secondary allocation period has the following conditions:
1. A maximum of 25 allocations;
2. Only one allocation per property owner;
3. Allocations are not eligible for rollover;
4. The annual permit limitations in EMC 15.04.050 apply;
Only one application will be accepted for:
1. Single lots of record;
2. Lots within a single subdivision unit;
3. Lots within multiple subdivision units owned in whole or in part by the same person.
B. An applicant must be a current owner of the lots for which allocation of permits is sought or applicant’s authorized representative. Applications for permit allocations for the fiscal year beginning July 1st and ending June 30th shall be received by May 1st of the preceding fiscal year. Applications will be accepted only for lots for which the final map has been recorded by the date the application for allocation is filed. For multifamily projects, the application will be accepted when the project has received all necessary approvals from the city. All applications shall be accompanied by the application fee as set by resolution of the city council.
C. The number of lot allocations for which any qualified applicant can apply shall be limited as follows:
1. No application shall be considered that requests more than 75 new allocations;
2. No application shall be considered that requests more allocations than the owner has lots or subdivision units.
D. Applications for unused allocations can be rolled over to the next fiscal year upon approval of a proper application and payment of required fees. Such applications must be by the current owner. If an applicant has not filed an application for a building permit for a current allocation by June 30th of the fiscal year for which the allocation was issued, that allocation shall be lost to that applicant. Current and unused allocations are not transferable outside an applicant’s project. (Ord. 527 § 3, 2010)
15.04.075 Building permits – Allocation process.
A. If the total number of allocations requested does not exceed the maximum number of allocations available, each applicant will be assigned the number of allocations requested.
B. If the total number of allocations requested exceeds the maximum number of allocations available, each applicant will be assigned a base number of allocations. The base allocation will be determined by the city planner and will normally be the smallest number of allocations requested by any one applicant if that number is less than 10. If all applicants request 10 or more allocations, the base will be 10.
1. Following the assignment of base allocations, projects submitted by applicants will be ranked by at least three city staff (as assigned by the city manager) on the basis of the following criteria: architectural design/landscaping (25 percent); mitigation of public service impacts (25 percent); enhancement of nonmotor vehicle forms of transportation (20 percent); quality of infrastructure improvements (20 percent); and provision of public safety enhancements (10 percent). Projects which provide open space or funds for the acquisition of open space beyond the minimum requirements established by city ordinances and mixed-use projects which feature residential development in conjunction with tax-generating commercial land uses may be assigned bonus points for the purpose of determining project rankings. Allocations will be adjusted proportionately based on the average ranking of projects (i.e., a project which receives a ranking 25 percent below the average project ranking will have its base allocation reduced by 25 percent; projects scoring above the average ranking will have their allocations adjusted upward proportionately). If the total number of units allocated on the basis of the above formula exceeds the maximum number allowable, an equal number of units shall be subtracted from each applicant in order to reach the maximum allowable number. If the amount of units to be subtracted is not equally divisible by the number of applicants, the excess above the number divisible shall be subtracted from applicants in inverse order of their project ranking. Guidelines for ranking projects according to the above criteria and procedures for adjusting base allocations in accordance with aggregate project rankings will be prepared by the community development department, reviewed and approved by the planning commission and distributed to potential developers of residential properties.
2. Such allocations shall be available for rollover to the next succeeding year by the current property owner upon filing of the proper request form. The final filing date for a rollover request by the original applicant shall be May 1st of the year for which the permit allocation was granted. A permit allocation shall be eligible for rollover only once. (Ord. 516 § 2, 2008)
15.04.080 Building permits – Restrictions.
No building permits for mobile home park development, dwelling structures containing two or more units, or lots containing multifamily structures shall be issued until the site plan permit or use permit application is first approved by the deciding body. (Ord. 516 § 2, 2008)
15.04.085 Building permit allocations – Affordable senior housing.
The number of building permit allocations for affordable senior housing units may be guaranteed for a single two-year period to provide for a maximum of 15 permit allocations per year. The permit allocations allowed herein are counted as part of the annual maximum as identified in EMC 15.04.050 and the following conditions apply:
A. The seniors’ community is a mixed use/dwelling type community with both owner-occupied and renter-occupied dwelling units;
B. The seniors’ community has on-site amenities for residents conducive to both active and passive seniors’ lifestyles;
C. The seniors’ community complies with the city’s adopted design guidelines and zoning ordinance.
D. Residential units dedicated for affordable senior housing as permitted by a development agreement where the development includes a minimum of 10 percent each for very low-, low- and moderate-income dwelling units.
E. The affordable units shall be deed restricted for affordability in accordance with EMC 15.04.090(C). (Ord. 516 § 2, 2008)
15.04.090 Building permit allocations – Affordable housing.
Affordable housing shall only require one allocation per each two affordable housing units. (Ord. 527 § 4, 2010)
15.04.095 Building permit allocations – Exemptions.
The following types of projects are exempt from the provisions of this chapter:
A. A single lot of record as of December 31, 2000, which is restricted to a single-family residential unit by the zoning regulations;
B. Rehabilitation or remodeling of an existing dwelling, or conversion of apartments to condominiums, so long as no additional dwelling units are created;
C. Residential units on parcels zoned P-D which are deed restricted for affordability by low- and very low-income households for a period of at least 50 years. The number of units to be so exempted shall not exceed the city’s average annual fair share for very low- and low-income housing units as estimated by the San Joaquin County council of governments. (Ord. 527 § 4, 2010)
15.04.100 Deadlines.
The following are the submittal deadlines for gaining approval of building permit allocations. All deadlines are for the fiscal year in which such allocations are to be approved. All material must be complete and submitted before close of business of the last business day preceding the following deadline dates.
A. January 1st – Deadline for submitting a final map, improvement plans and associated documentation for review, as required by the city engineer.
B. May 1st – Deadline for recording approved final map(s) and associated project documentation. Deadline for filing any application for building permit allocations or allocation rollovers from the previous year with the community development department.
C. June 30th – All building permit allocation approvals expire at midnight.
D. November 1st – Deadline for filing an application for new building permit allocation(s) for the secondary allocation period. (Ord. 527 § 4, 2010)
15.04.105 Conflicts.
The purpose of this section is to allow orderly transition into this chapter. Where this chapter regulating the submission of subdivision maps and the issuance of building permits is inconsistent with prior ordinances, this chapter shall control and to that extent the prior ordinances are superseded. (Ord. 527 § 4, 2010)