Chapter 17.06 RESIDENTIAL DWELLING UNIT ALLOCATION SYSTEM

A. The purpose of this chapter is to implement the policies and guidelines of the city as established by the general plan, its elements, and the Local Coastal Program Land Use Plan, based upon the mandate of Measure D, the residential growth initiative. This purpose is to be accomplished by city control of the rate and quality of future development on a year-to-year basis.

B. It is the intent of this chapter to:

1. Establish procedures and criteria for the allocation of new residential dwelling units in the city;

2. Establish procedures for the review of all new residential development proposals by all city departments and any affected outside agency to ensure that all new residential development meets and addresses the needs of both existing and future residents;

3. Ensure that the city retains control over the rate and quality of all new residential development in order to:

a. Preserve the quality of life in the community;

b. Protect and enhance the available public and private open space and parks and recreation facilities and opportunities;

c. Ensure that adequate public school facilities will be available to serve new development;

d. Provide for the orderly development of the city at a rate of population growth that does not exceed a maximum, annually, of one percent plus the additional fifty percent allocation for dwelling units in the downtown area annually as mandated by Measure D and as provided in this title, while addressing the housing needs of all economic segments of the community; and

e. Protect the health and safety of existing and future residents by controlling the rate of residential growth to ensure that infrastructure capacity, particularly those related to water supply, streets and highways, sewage treatment, school facilities, and parks and open space, is sufficient to serve the population. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.010 Applicability.

A. The provisions of this chapter shall be met prior to the issuance of building permits for all new residential dwelling units as defined in Section 17.06.100.

B. An applicant seeking to construct any new residential dwelling units shall apply for and obtain a residential dwelling unit allocation for each proposed dwelling unit prior to submitting an application for a coastal development permit. After receiving a coastal development permit, the applicant may seek issuance of a building permit for the residential dwelling units for which allocations were awarded and shall submit a complete application for a building permit consistent with the provisions of Section 17.06.050.

C. Pursuant to Section 18.20.070, a coastal development permit is required in order to undertake any development as defined in Public Resources Code Section 30106 and may be approved or conditionally approved only after the approving authority has made the necessary findings, including that the development is consistent with the Local Coastal Program and, where applicable, the California Coastal Act, and that adequate services and infrastructure will be available to serve the development upon its completion. Receipt of a residential dwelling unit allocation does not replace, supersede, or modify the independent requirement for a coastal development permit approved pursuant to the applicable policies of the Local Coastal Program and the Coastal Act. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.015 Exemptions.

The limitations on residential dwelling units imposed by this chapter shall not apply to:

A. Replacements of existing dwelling units on a one-for-one basis.

B. Density bonuses for the provision of low- and moderate-income housing as required by state law. (Ord. C-2018-04 §2(Att. A)(part), 2018: Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.020 Establishment of number of residential dwelling unit allocations to be authorized annually.

A. The number of residential dwelling units for which the city may authorize allocations each calendar year shall not exceed the number of units that would result in a growth of one percent in the city’s population as of January 1st of that year. This number shall be considered the base allocation, not including any additional density that may be granted in accordance with subsection B of this section. In determining the number of permissible units, the city shall use the most recent U.S. Census figures for Half Moon Bay to calculate the average number of persons per household.

B. The number of residential dwelling units authorized each year under subsection A of this section may be increased by fifty percent for additional dwelling units in the downtown area. This number shall be considered the maximum allocation including any additional density that may be granted. If fewer applications for allocations are received than are available, the remainder of these units may be authorized outside of the downtown area.

C. Applications for new residential dwelling units in areas of the city located outside of the downtown area shall have priority for one-half of the units authorized under subsection A of this section. If fewer applications are received, the remainder of these units may be authorized in the downtown area.

D. Subject to subsections B and C of this section, the city shall allocate residential dwelling units among applications on the basis of the allocation system contained herein or a subsequently modified allocation system.

E. The “downtown area” is the area designated as the Downtown Half Moon Bay redevelopment survey area in the city Resolution No. C-91-98, November 3, 1998. A copy of the map follows this section (Figure 1).

F. The city council, by resolution, shall establish the maximum number of new residential dwelling units which may be allocated in the upcoming calendar year in accordance with the procedures and methodology established in this title prior to December 31st of the preceding year. When applying the formula to establish the annual maximum number of new residential dwelling units for which allocations may be issued in each category, in those cases where a fraction of a dwelling unit occurs, any fraction less than 0.5 shall be rounded down to the nearest whole number; any fraction of 0.5 or more is rounded up to the next whole number.

G. In establishing the number of new residential dwelling unit allocations in the upcoming year, the city council shall also consider:

1. The number of residential dwelling units allocated in the current year;

2. The number of residential dwelling units allocated in the preceding year, but not necessarily issued building permits;

3. The number of future residential dwelling unit allocations awarded in accordance with a development phasing plan and agreement as provided for in Section 17.06.055;

4. The information and data contained in the annual fiscal impact analysis as provided for in Section 17.06.045, Fiscal impact analysis required.

Figure 1

(Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.025 Emergency situations.

A. In the event the city council determines that an emergency situation directly affecting the health and safety of the residents of the city exists due to a lack of available sewage treatment capacity, available water for domestic purposes or for fire suppression, or that roadway capacity is not available to accommodate new residential development, or any other endangerment to the public health or safety, the city council may adopt a resolution establishing the necessity for setting the number of residential dwelling unit allocations in the upcoming year to less than one percent plus the allocation for the downtown area. The resolution establishing the emergency shall clearly identify the specific nature and extent of the emergency situation and its effect on the health and safety of the residents of the city.

B. If it is determined that there shall be no residential dwelling unit allocations for the upcoming year due to health and safety reasons, the city council shall adopt an urgency ordinance in accordance with the applicable sections of the California Government Code. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.030 Establishment of allocation system.

A. The city council shall establish criteria and a system for the review and allocation of all new residential dwelling units subject to the provisions of this chapter.

B. When an application for a residential dwelling unit allocation has been accepted as complete by the community development director, the application shall be subject to the provisions of this chapter that were in effect at that time.

C. The provisions of subsection B of this section shall not apply to the number of allocations available in any given year in the event the city council determines that an emergency exists as provided for in Section 17.06.025. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.035 Amendments to the established residential dwelling unit allocation system.

Any proposed amendments to this chapter shall be accomplished prior to December 31st in order to become effective for the residential dwelling unit allocation the following year. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.040 Processing fee established.

The city council shall by resolution establish a fee for processing an application for residential dwelling unit allocations as provided in this chapter. The city council may adjust the fee in conjunction with the adoption of the resolution establishing the number and distribution of residential dwelling units to be allocated for the upcoming year. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.045 Fiscal impact analysis required.

The fiscal impact of new residential development on the city shall be continually monitored. City staff shall prepare an annual report identifying the effects of new residential development on city finances and its ability to adequately provide services to the residents. The information presented in the annual fiscal impact analysis shall be considered by the city council in setting the number of residential dwelling units to be allocated in the upcoming year. The fees assessed for processing an application for a residential dwelling unit allocation under the provisions of this chapter shall include a pro rata share of the costs to the city for preparing an annual report. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.050 Timing of building permits issued pursuant to this chapter.

A. Except as may be provided in conjunction with an approved development phasing plan pursuant to Section 17.06.055, a complete building permit application shall be submitted to the building department while the residential dwelling unit allocation is valid and within one year of the date the allocation for the new residential dwelling unit is awarded.

B. All conditions required for a building permit to be issued shall be met within six months of the date that the building permit application is submitted.

C. One six-month extension of the building permit issuance deadline identified in subsection B of this section may be granted by the building official as provided for in the California Building Code.

D. Upon the expiration of any six-month extension of the building permit issuance deadline identified in subsection C of this section, an applicant with a valid allocation may request that the city council, as a part of its annual determination of the total allocation for the upcoming year, consider granting an additional period of time for building permit issuance not to exceed one calendar year. Should the city council grant the extension, all required building permit fees will be paid in accordance with the provisions of the California Building Code.

E. Upon expiration of any one-year extension of the building permit issuance deadline identified in subsection D of this section, or if a building permit has not been issued and construction diligently commenced, the allocation shall become null and void and the formula for the next year’s maximum allocation will be adjusted to reflect that the allocation has not been used.

F. In the event an applicant has received a residential dwelling unit allocation and other approvals are required by the city or other agencies, any time spent in securing the required approvals from any agency shall be added to the time that the residential dwelling unit allocation is valid and a complete building permit application may be submitted; provided, that:

1. Written documentation is submitted by the applicant clearly indicating the date an application or other form of request for approval was submitted to the agency;

2. A detailed description of the reason for any delay in the issuance of approvals by the agency. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.055 Development phasing plans and agreements.

A. The development of a residential development project may be phased over a period of time greater than one year; provided, that the specific provisions of the development phasing agreement shall be approved by the city council at a duly noticed public hearing, the form and content of which shall be subject to the review and approval of the city attorney.

B. A development phasing agreement shall address the effects that a development phasing plan will have on any other reasonably anticipated development proposals and applications for residential dwelling unit allocations under the provisions of this chapter. A development phasing plan may provide for an applicant to receive a number of annual allocations in any category greater than the fifty percent maximum provided for in this chapter upon adoption of specific findings by the city council that by awarding a greater number of allocations to an individual developer, no other developer will be unreasonably precluded from receiving all or part of any allocations that the developer may be reasonably entitled to receive during the term of the development phasing plan.

C. As a part of any request for consideration of a development phasing agreement, the community development director shall provide the applicant with the names and mailing addresses of any other developer or developers reasonably expected to be affected by such a development phasing agreement so that adequate notice of the proceedings can be provided to those developers. The city council shall consider any written responses or oral testimony from affected developers or other interested party received at any public hearing on the development phasing agreement.

D. Any future annual allocations awarded in conjunction with the approval of a development phasing agreement shall be deducted from the available allocations of any given year during the expected life of the development phasing agreement. No other applicants for allocations during the life of the development phasing plan and agreement shall compete for points against a development with an approved development phasing plan and agreement. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.060 Timely performance required.

Prior to the city council establishing the number of new residential dwelling unit allocations for the following year, the community development director shall review each development that has received an allocation during the year to determine whether or not satisfactory progress is being made with the processing of the appropriate plans.

A. Should a developer fail to comply with the development schedule submitted with the application, or should the developer fail to initiate the processing of the appropriate plans, or should the development deviate significantly from the description provided for in the application, the community development director shall report such failure or deviation to the city council.

B. At a duly noticed public hearing, after receiving testimony from all interested and affected parties, the city council may rescind all or part of the allocations granted to the applicant on the basis of noncompliance with the approved development phasing agreement or project plans or any other provision of this title.

C. Any residential dwelling unit allocations awarded, but not issued, that are rescinded by the city council for noncompliance with the provisions of this chapter may be awarded to any applicant that has complied with the procedures set forth in this title and received less than the number of allocations requested so long as the maximum number of allocations for that calendar year is not exceeded. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.065 Priority established for residential development projects based on proximity.

Except as otherwise provided for in this title or as a result of city council approval of a development phasing plan and agreement, priority shall be established for projects located within the boundaries of the downtown area designated in Measure D as the Downtown Half Moon Bay redevelopment survey area and adopted by city council Resolution No. C-91-98 November 3, 1998. As provided in Section 17.06.020, the number of residential dwelling unit allocations allowed within the downtown area may be twice the number of allocations outside of the boundaries of the downtown area. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.100 Residential development projects--Defined.

The procedures specified in this chapter shall apply to any new residential development within any zoning district on a legally existing lot or contiguous lots under single ownership. Residential development projects shall include any detached single-family dwelling unit, any attached single-family dwelling units consisting of duplex or triplex development, any multiple-family development consisting of four or more dwelling units, or any accessory dwelling unit. (Ord. C-2018-04 §2(Att. A)(part), 2018: Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.105 Application form for residential dwelling unit allocations.

A. An application form for residential dwelling unit allocations shall be approved by the city council that incorporates all of the components of this chapter.

B. In the event that it is necessary to assign points for residential dwelling unit allocations based on the criteria specified in this chapter, the application for a residential dwelling unit allocation shall include a site plan indicating the location of any surrounding development, the location and a detailed description of any infrastructure necessary to serve the site, and a description of the roadway providing access to the site.

C. The city council shall review the residential dwelling unit allocation application form in conjunction with its annual review of other aspects of the allocation system. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.110 Application period for residential dwelling unit allocations.

Applications for residential dwelling unit allocations shall be submitted between January 1st and January 31st of each year. If the number of applications for residential dwelling unit allocations received during this initial period is less than the number of allocations available, additional applications may be submitted at any time prior to September 1st, or until applications equaling the maximum number of allocations in this category have been received, whichever is earlier. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.120 Distribution of residential dwelling unit allocations.

A. Residential dwelling unit allocations shall be distributed in accordance with Section 17.06.020, with half the number of allocations for distribution within the downtown area and the remaining half for distribution outside of the downtown area up to a maximum equivalent of one percent of the population.

B. If the number of applications for dwelling unit allocations received between January 1st and January 31st of any year is equal to or greater than the number of total allocations available, allocations necessary to develop no more than five residential dwelling units may be awarded to any individual, corporation or other entity either within or outside the downtown area, except as may be provided in conjunction with an approved development phasing plan pursuant to Section 17.06.055.

C. If the number of applications for residential dwelling unit allocations received between January 1st and January 31st is less than the total number of allocations available, no more than fifty percent of the allocations available within the boundaries of the downtown area and no more than fifty percent of the allocations available outside the boundaries of the downtown area may be awarded to any individual, corporation, or other entity during this initial period.

D. In the event there is more than one applicant seeking multiple allocations during the initial period, the community development director shall distribute the available allocations equitably to the applicants, except as otherwise may be provided for in this chapter.

E. If the maximum number of residential dwelling unit allocations has not been applied for by September 1st, any unused allocations may be awarded to any individual, corporation, or other entity, including those that had previously acquired multiple allocations during the initial period.

F. If the maximum number of residential dwelling unit allocations has not been applied for by September 1st, any unused base allocations granted for the downtown area as provided in Section 17.06.020 may be transferred to projects located outside of the downtown area. Additional allocations granted for the downtown area as provided in Section 17.06.020 shall not be transferred to projects located outside the boundaries of the downtown area.

G. If the number of applications received between January 1st and January 31st is greater than the number of allocations available, the community development director shall assign points to each application, assigning no more than the maximum number of points specified in each category to any one proposed project.

H. When it is determined that the number of applications is greater than the number of allocations available, points shall be awarded according to the criteria established in Section 17.06.065.

1. Projects located within the boundaries of the downtown area shall compete with other projects within the boundaries of the downtown area. Such projects shall not be required to compete with projects located outside the boundaries of the downtown area.

2. Projects outside the boundaries of the downtown area shall compete with other projects outside the boundaries of the downtown area.

3. Subdivisions for residential development as defined in Section 17.06.200 shall compete with any other subdivision applications according to the locational criteria provided in subsection (H)(1) of this section, together with the provisions of this section and Sections 17.06.215 through 17.06.270 inclusive.

I. Points shall be allocated according to the community design criteria in this subsection which incorporate the concepts and principles of the “Build It Green” program and will rely on a certified GreenPointRater at the time that points are determined.

1. Infill Sites (maximum of seventy points).

a. Project is located in a built urban setting with utilities in place for ten years or more: five points;

b. Project is located within a built urban setting and avoids environmentally sensitive areas: five points;

c. For each contiguous side of a building site with existing development (including across any public or private right-of-way): five points;

d. For each contiguous side of a building site for which residential dwelling units have been allocated, but development not completed under the provisions of this system (including across any public or private right-of-way): five points;

e. Building site is located within one-half mile of a transit stop: five points;

f. Where there is an existing all-weather road surface providing vehicular access to the site constructed to city standards or otherwise acceptable to the city engineer: five points;

g. Except for below market rate (BMR) housing, those applications for development on a site that meet all of the established development standards for the zoning district and no variance or other discretionary applications are required: five points;

h. For those applications for development that provide BMR housing through deed restriction or other legally binding mechanism: thirty-five points.

2. Home Size, Scale and Clustering (maximum thirty points).

a. Homes are clustered to preserve open space and natural features: five points;

b. Resource conservation achieved by increasing density: five points plus one additional point for every five du/ac greater than ten du/ac;

c. Home size efficiency: five points;

d. Building layout and orientation improve natural cooling and passive solar attributes: five points.

3. Design for Walking and Bicycling (maximum of thirty-seven points).

a. Pedestrian access is provided to neighborhood services within one-half mile: community center; library; grocery store; school; day care; laundry; medical; entertainment/restaurants; post office; place of worship; bank: one point for each service within one-half mile (up to twelve points);

b. Development is connected with a dedicated pedestrian pathway to places of recreational interest within one-half mile: five points;

c. At least two of the following traffic-calming strategies are incorporated into the project:

i. Designated bicycle lanes are present on roadways;

ii. Vehicle travel lanes are ten feet in width;

iii. Street crossings closest to the site are located less than three hundred feet apart;

iv. Streets have rumble strips, bulbouts, raised crosswalks or refuge islands.

(Twenty points total.)

4. Design for Safety and Social Gathering (maximum of fifteen points).

a. All home front entrances have views from the inside to outside callers: five points;

b. All home front entrances can be seen from the street and/or from other neighboring front doors: five points;

c. Porches (one-hundred-square-foot minimum area) are oriented toward streets and/or public spaces: five points.

5. Design for Diverse Households (maximum of twenty points).

a. At least one zero-step entrance provided in home: five points;

b. All main floor interior doors and passageways have a minimum thirty-two-inch clear passage space: five points;

c. At least one half-bath is located on the ground floor with blocking in walls for grab bars: five points;

d. Project is or includes an accessory dwelling unit: five points.

6. Landscaping (maximum of seventy-four points).

a. Resource-efficient landscaping is incorporated into site design that:

i. Meets California-Friendly Landscape Program requirements;

ii. Excludes any invasive plant species listed by the California Invasive Plant Council (Cal-IPC);

iii. Excludes plant species that require periodic hedging or shearing;

iv. Plant palette consists of at least seventy-five percent California natives, Mediterranean species or other appropriate adaptive species;

v. Fencing on-site consists of at least seventy percent of FSC certified, recycled plastic or composite lumber;

vi. All turf areas have a water requirement that is rated at less than or equal to tall fescue (≤ 0.8 plant factor);

vii. No turf is installed on slopes exceeding ten percent or in areas that are less than eight feet in any dimension;

(Twenty points total);

(A) Landscaping includes turf that is one-third or less than (≤ thirty-three percent) the total landscaped areas on-site (extra two points);

(B) Turf is one-tenth or less than (≤ ten percent) of the total landscaped areas on-site (extra four points);

viii. Shade trees of an appropriate species are integrated into the landscape: five points;

ix. Plantings are arranged and grouped according to common water needs (hydrozoning): five points;

x. Irrigation systems include high-efficiency components:

(A) System uses only low-flow drip, bubblers, or low-flow sprinklers;

(B) System includes smart (weather-based) controllers;

(Ten points total);

xi. Nonplant landscape elements consist of at least fifty percent salvaged or recycled-content materials: five points;

xii. Outdoor lighting systems incorporate low-lighting elements, shielded fixtures and direct lighting downward to avoid light pollution and glare: five points;

xiii. At least fifty percent of all nonroof impervious surfaces on-site consist of light-colored, high albedo materials (solar reflectance index ≤ 0.3) to reduce heat-island effects: five points;

xiv. At least fifty percent of all nonroof surfaces consist of pervious materials: ten points;

xv. Rain water harvesting systems are provided on-site:

(A) Less than three-hundred-fifty-gallon capacity: two points;

(B) Greater than three-hundred-fifty-gallon capacity: five points.

J. Points for all projects shall be determined in accordance with the provisions of Section 17.06.275, Review of points awarded and residential dwelling units allocated. (Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.200 Subdivisions for residential development.

The following provisions and criteria shall be thoroughly evaluated prior to any residential dwelling unit allocations associated with a subdivision, as defined by the state Subdivision Map Act, for which such allocations are required. Prior to submitting an application for a subdivision map for new residential development, the applicant shall consult with the following city departments and outside agencies in order to establish the conformance and consistency of any proposed residential development with all applicable plans, programs, policies and ordinances as well as the project’s relation to and impact upon local public facilities and services:

A. City planning department;

B. City public works department;

C. City finance department;

D. City police department;

E. City parks and recreation department;

F. Coastside county water district;

G. Granada sanitary district, if applicable;

H. Coastside fire protection district;

I. Caltrans;

J. Cabrillo Unified School District. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.205 Application form for subdivisions for residential development.

A. An application form for a subdivision for residential development shall be developed and approved by the city council which incorporates all of the components of the residential dwelling unit allocation system applicable to this category.

B. The application form shall provide adequate space for an applicant to detail those elements of a proposed development that serve as the basis for the awarding of competitive points, and for the appropriate city department or outside agency to comment on the proposal, and shall also include the following:

1. Vicinity map to show the relationship of the proposed development to adjacent development, the surrounding area and the city;

2. Site use layout map showing the extent, location and type of proposed residential use or uses, the nature and extent of open space, and the nature and extent of any other uses proposed;

3. Site development plan, including proposed lot layout to preliminary subdivision map standards, including topography; lot sizes; street alignments, showing coordination with city street system; existing and proposed buildings, where possible; all existing trees ten inches in diameter or greater measured at forty-eight inches above grade; existing trees to remain; landscaped areas; open space; bicycle paths; equestrian trails or pathways; and any other information deemed appropriate by the community development director and/or city engineer;

4. Unless the proposed residential development is to consist of lots for custom homes, preliminary architectural site plans, floor plans and elevations; types and numbers of dwelling units; proposed color of buildings;

5. Preliminary or Rough Grading Plans. A general indication of type, extent and timing of grading, including location and amounts of cuts and fill, haul routes, and, where applicable, borrow and disposal sites;

6. Erosion Control Plans. Any appropriate provisions to address erosion or winterization of the site during rough grading activities or prior to the installation of landscaping to protect the site from possible erosion;

7. Preliminary landscape plans of common areas with sufficient detail for review by the community development director;

8. Housing Marketability and Price Distribution. Expected ranges of rental amounts or sales prices, low and moderate income housing to be provided and the project’s consistency with the housing element;

9. School Facilities. Needed schools and/or school sites, permanent or temporary buildings to be provided by the applicant, or other mitigation measures to be provided;

10. Park and Recreation Facilities--Proposed and/or In Lieu Funds to Be Contributed. The location, size and configuration of any public and/or private recreation sites or facilities to be provided, and/or an estimate of the dollar amount of in lieu fees to be offered by the applicant;

11. Circulation plan, including the size and location of any new streets, required and/or proposed improvements to existing streets or state highways, and any on-site or off-site improvements to the pedestrian, equestrian or bicycle trail system;

12. Proposed schedule of development, including development phasing;

13. Any other information as may be required by the community development director. (Ord. C-2019-03 §2(Exh. A)(part), 2019: Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A)(part), 2009).

17.06.210 Application period for subdivisions for residential development.

A. Applications for residential dwelling unit allocations may be processed concurrently with the tentative subdivision map or any other required discretionary permit application.

B. Unless processed concurrently with any other required discretionary applications, initial applications for residential dwelling unit allocations associated with a subdivision shall be submitted between January 1st and January 31st of each year. If the number of applications for allocations in this category received during this initial period is less than the available allocations in this category, applications may be submitted at any time prior to September 1st or until applications equaling the maximum number of available allocations in this category have been received. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.215 Evaluation procedures for subdivisions for residential development based upon design and amenity criteria and contribution to public facilities.

A. Each proposed subdivision for residential development shall be examined for its relation to and impact upon local public facilities and services as provided for in this title.

B. The appropriate city departments or outside public agencies shall provide recommendations to the community development director and the community development director shall evaluate each subdivision for residential development on the extent of contribution to public welfare and amenities and the quality of design.

C. The community development director shall examine each proposed subdivision for residential development and shall rate the subdivision by the assignment of no more than the maximum number of points allowable in each of the project components as set forth below.

D. If the number of allocations for subdivisions for residential development in any year is greater than the number of allocations available, the community development director shall award residential dwelling unit allocations to the subdivisions receiving the highest number of points in descending order of points awarded and priority as established in Section 17.06.120 until the total number of allocations for residential development projects has been exhausted. The following criteria for subdivisions are in addition to those established in Section 17.06.120(I)(1) through (6) for residential dwelling unit allocations. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.220 Water.

Each subdivision application shall be reviewed by the coastside county water district and city engineer. The applicant shall provide a written report that addresses:

A. The applicant’s estimate, prepared by a qualified engineer, of the amount of water required for the project to provide adequate potable water for domestic purposes, the amount of water needed to maintain any proposed landscaping in common or public areas, and the amount of water necessary for adequate fire protection;

B. The ability and capacity of the water system to provide for the needs of the proposed development and that the provision of water to the proposed development by the coastside county water district will not tax any part of the existing system;

C. The need for extension of water system and delivery facilities to serve the proposed development;

D. In the event that groundwater is proposed to be used to serve all or a part of the proposed residential development, a report from a qualified hydrogeologist or similar professional licensed by the state of California shall also be submitted that, at a minimum, addresses all of the criteria specified by the city engineer in conjunction with the initial consultation required by Section 17.06.200;

E. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of twenty points are available in this category. Points shall be awarded as follows:

1. Developer funded improvements that upgrade existing water service for domestic uses and fire protection in the general neighborhood beyond that required to meet the immediate needs of the proposed development, as determined by the director of public works and the coastside county water district: ten points;

2. The use of coastside county water district water instead of groundwater: ten points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.225 Sewer.

Each subdivision application shall be reviewed by the city engineer and either the sewer authority mid-coastside (SAM) or the Granada sanitary district, whichever is applicable. The applicant shall provide a written report that addresses:

A. The applicant’s estimate, prepared by a qualified engineer based upon sewage generation factors established by the city engineer, of the amount of waste anticipated to be generated by the proposed development upon occupancy;

B. The ability and capacity of the sanitary sewer distribution and treatment plant facilities to dispose of the waste of the proposed development without system extensions or expansions;

C. The nature and extent of any modifications to the existing treatment plant or transmission lines which are necessary to serve the proposed development and which the developer has consented to provide;

D. No points shall be awarded for any development that requires the expansion of the treatment plant or transmission facilities in order to accommodate the proposed development;

1. Developer-funded improvements that upgrade existing sewer lines or facilities in the general neighborhood beyond that required to meet the immediate needs of the proposed development, as determined by the director of public works and appropriate sewer authority: ten points;

2. Where contributions to the proposed expansion of the sewage treatment plant are provided as required by any assessment district or similar mechanism, and/or the applicant irrevocably agrees to participate in any future funding mechanism for the treatment plant expansion: ten points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.230 Drainage.

The city engineer shall review the drainage plans. The applicant shall supply the necessary information for and the city engineer shall prepare a written report that addresses:

A. The drainage plan submitted by the applicant prepared by a licensed engineer detailing the ability and capacity of any existing and/or proposed drainage facilities to adequately dispose of the surface runoff of the proposed development;

B. No points shall be awarded for any improvements to the on-site or off-site drainage facilities necessary to accommodate runoff from the proposed development;

C. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of fifteen points are available in this category. Points shall be awarded as follows:

1. For developer-funded on-site or off-site improvements designed and constructed to accommodate runoff from adjacent developments or to enhance the drainage facilities not directly related to the proposed development: ten points;

2. Where appropriate, storm drainage from the development is accommodated through on-site open space areas: five points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.235 Schools.

If participation in the residential dwelling unit allocation system is desired by the Cabrillo Unified School District, each subdivision application shall be reviewed by Cabrillo Unified School District staff for determination of impact on school classrooms and facilities. As part of the review process, the applicant shall supply the necessary information for and the Cabrillo Unified School District shall provide a written report addressing the following:

A. The potential number of children per household anticipated by the proposed development according to the district-wide averages;

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

C. That neither double sessions or unusual scheduling or classroom overcrowding currently exist, nor will the proposed subdivision create double sessions or unusual scheduling or classroom overcrowding upon completion and occupancy of the project;

D. That double sessions or unusual scheduling or classroom overcrowding exist prior to the subdivision application, and mitigation measures result in fewer students on double sessions or unusual scheduling or classroom overcrowding;

E. That the proposed subdivision would create double sessions or unusual scheduling or classroom overcrowding;

F. Double sessions or unusual scheduling or classroom overcrowding exist prior to the subdivision application and mitigation would result in the same or a greater number of students on double sessions or unusual scheduling or classroom overcrowding;

G. If it is determined that mitigation is necessary to address the identified impacts of a proposed development to the Cabrillo Unified School District, points shall be assigned as specified in this title. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of seventy-eight points are available in this category. The following rating system shall be used:

1. The dedication of sufficient land to provide a site for a new school: twenty-five points;

2. The provision of needed school rooms in the form of permanent or temporary buildings or the provision of other mitigating measures, as attested by agreement with the school district: twenty points;

3. The provision of any school buses needed to serve the children expected to inhabit a proposed development: fifteen points;

4. Based upon written agreement between the applicant and the Cabrillo Unified School District, the providing of any other facilities, equipment, or other appropriate items necessary to mitigate the additional school children from the proposed development: ten points;

5. Provides good school bus access and adequate turnaround areas: two points;

6. Provides and maintains a covered school bus shelter where appropriate: two points;

7. Provides safe pedestrian connections to school sites or is located such that students can access the school site without crossing major streets: two points;

8. Provides an open space buffer zone between the project and existing or designated future school sites: two points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.240 Fire protection.

The fire protection district shall review each subdivision application. As a part of the review process, the applicant shall supply the necessary information for and the fire protection district shall provide a written report addressing the following:

A. The ability of the fire protection district to provide fire protection to the proposed development according to the established response standards;

B. The necessity of establishing a new station or requiring the addition of major equipment to an existing station to provide fire protection for the proposed development;

C. The necessity for additional personnel to provide fire protection for the proposed development;

D. That based upon the proposed design of the subdivision, adequate provisions have been made for fire protection;

E. That the basic required fire flow as established by the International Fire Code will be provided at the project site prior to the commencement of construction activities;

F. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of thirty-five points are available in this category. If it is determined by the fire protection district that mitigation is necessary to ensure adequate fire protection for a proposed development, the following rating system shall be used:

1. The provision of a new fire station and/or the dedication of land for a fire station to provide adequate fire protection within the established response times as attested by the fire protection district: twenty points;

2. Participation in an assessment district to fund additional equipment and/or manpower to provide adequate fire protection for the proposed development: ten points;

3. Structures are designed to exceed minimum safety standards for fire hazards, earthquakes and accidents: five points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.245 Police department services.

The police department shall review each proposed development. As a part of this review, the applicant shall supply the necessary information for and the chief of police shall provide a written report addressing the following:

A. The ability of the police department to provide adequate patrols for residential and traffic safety upon the occupancy of the proposed development;

B. The necessity of acquiring new equipment or personnel to provide adequate patrols for residential and traffic safety upon the occupancy of the proposed development;

C. That based upon the proposed design of the subdivision, adequate provisions have been made for police protection;

D. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of fifty-five points are available in this category. If it is determined by the police department that mitigation measures are necessary to ensure adequate police patrols and traffic safety for a proposed development, the following rating system shall be used:

1. The provision of a new police station and/or the dedication of land for a police station to provide improved police protection within the city: twenty points;

2. Developer contribution of major equipment such as patrol cars to assist in the provision of police services to a new development: fifteen points;

3. Developer funding of additional manpower to provide police services beyond the needs of the proposed development: ten points;

4. Development plans use site planning and architecture to enhance security by arranging entries, access paths, building, planting, corridors, indoor and outdoor lighting to allow observation along circulation routes: five points;

5. Structures are designed to exceed minimum safety standards for accidents and intrusions: five points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.250 Streets, state highways, and pedestrian improvements and amenities.

The city engineer and, where appropriate, Caltrans or other agency with an interest in transportation issues shall review the traffic and circulation systems and pedestrian amenities of each proposed development, including required and optional or offered on-site and off-site improvements. The applicant shall supply the necessary information for and the city engineer shall provide a written report addressing the following:

A. The number of average daily vehicle trips to be generated by the proposed development;

B. The ability and capacity of major streets and/or state highways to provide for the needs of the proposed development without substantially altering the existing street or state highway system;

C. The need for modifications to the existing city street system and/or state highways to accommodate the average daily vehicle trips to be generated by the proposed development;

D. The need for constructing new public roadways to provide access to the proposed development;

E. Any proposal to provide an internal circulation system that consists of any streets that do not conform to standard city design criteria;

F. Any on-site or off-site improvements to accommodate pedestrians and/or bicyclists;

G. The need for any proposal to install public improvements related to public transportation;

H. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. Points shall not necessarily be awarded on the basis of the applicant providing roadway or other circulation system improvements necessary to serve the proposed development, but for improvements and/or cash contributions over and above those required to serve the project. A total of forty-five points are available in this category. Points shall be awarded based upon the following criteria:

1. The provision of needed improvements to the public street or state highway system offered by the applicant that are over and above any requirements to accommodate the proposed development, such as street connectors necessary to create more efficient circulation patterns for all applicable transportation modes: twenty points;

2. The arrangement of the site and configuration of the internal street system for efficiency of circulation, on-site and off-site traffic safety: five points;

3. The on-site circulation system and subdivision design promotes the privacy of residential neighborhoods, and unless a part of a planned street system as shown on the master plan of streets and highways, residential street layouts are designed for use primarily by local residents: five points;

4. For the following design considerations that are included in the final subdivision plans:

a. Interior collector streets are designed to discourage fast through traffic;

b. Within the subdivision, minor streets enter major streets at right angles, with a minimum of one hundred twenty-five feet of separation between the minor streets;

c. Provision of public foot or bicycle paths, equestrian trails or other nonvehicular pathways, either on-site, off-site, or both;

d. Provision of private foot or bicycle paths, equestrian trails or other nonvehicular pathways;

e. Provides approved street lights installed for residential streets and intersections which are expected to have pedestrian traffic after sunset to the satisfaction of the city engineer and chief of police;

f. Encourages the use of public transportation in residential areas through the following:

i. Locates bus stops as part of the development, to reduce the distances from residence to bus stop;

ii. Provides bus pullout areas and waiting areas for users;

g. The location and number of guest parking spaces outside of the vehicular right-of-way are adequate to ensure safe and convenient use;

h. Utilizes adequate off-street parking to reduce on-street congestion, such as through the use of driveways having a depth of at least eighteen feet long, as measured from back of sidewalk: fifteen points. (Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.255 Open space.

The community development director shall review each proposed development. The applicant shall supply the necessary information for the community development director and the director shall prepare a written report that addresses the following:

A. The amount of public and/or private usable open space, and, where applicable, greenbelts to be provided;

B. The location and a detailed description of any perennial or intermittent stream adjacent to or within the boundaries of the proposed development;

C. The existence of any natural conditions such as wildlife habitats and resources that would be enhanced as a part of a dedicated open space area;

D. The location and a detailed description of any environmentally sensitive habitat areas, riparian corridors or species, and wildlife habitats adjacent to or within the boundaries of the proposed development as defined in the city general plan and any of its elements, and/or the city’s land use plan;

E. Each development application shall be reviewed to determine compliance with all applicable policies of the general plan, its elements and the land use plan to determine that all minimum requirements are met. Points shall be awarded based upon the direct cost to the applicant to provide open space over and above the minimum requirements of the general plan, its elements, and the local coastal program land use plan. A total of thirty-five points are available in this category. In those cases where proposed development exceeds the minimum standards specified in this title, points shall be awarded as follows:

1. The provision of public usable open space, and, where applicable, greenbelts (except for mandatory buffer zones): ten points;

2. The provision of private usable open space, and, where applicable, greenbelts (except for mandatory buffer zones): five points;

3. The provision of buffer zones, environmentally sensitive habitat areas or riparian species or corridors in excess of minimum requirements: five points;

4. Uses various design and development techniques such as:

a. Cluster housing and low-density development to protect the open space value of key areas such as ridge lines, creeks, hillsides, and any adjacent agricultural land;

b. Provides public access to either on-site or off-site public open space areas where appropriate;

c. Provides open space areas adjacent to school and park sites, where appropriate, by using open space networks and trails to help provide low-maintenance pedestrian access to school sites from residential areas;

d. Preserves identified ground permeability recharge areas by minimizing large expanses of impervious surfaces;

e. Private open space and dedicated public open space is maintained by a homeowners’ association.

(Fifteen points total). (Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A)(part), 2009).

17.06.260 Park and recreation facilities.

The community development director and parks and recreation director shall review each development application to evaluate how it addresses the park and recreation needs of future residents of the proposed development. The applicant shall supply the necessary information for and the community development director and parks and recreation director shall prepare a written report that addresses the following:

A. The minimum amount of usable public park and recreation facilities required by the Half Moon Bay park and recreation element;

B. In those cases where state law precludes the requirement of dedicating land for public park and recreation facilities, the amount of in lieu fees required;

C. The amount and location of land to be dedicated for public park and recreation facilities offered by the applicant on the tentative subdivision map;

D. The nature and extent of any improvements to the land offered for dedication by the applicant for public park and recreation facilities;

E. The amount and location of land set aside for private park and recreation facilities offered by the applicant;

F. The nature and extent of any improvements to the land set aside by the applicant for private park and recreation facilities;

G. The points specified in this title have been established on the basis of the amount of direct cost to the applicant and the benefit to the overall community, not necessarily to the benefit of the applicant or the future residents of a proposed subdivision. A total of forty points are available in this category. Points shall be awarded as follows:

1. Siting and designing of any proposed public park and recreation facilities so as to benefit the community, not solely the new residents of a subdivision: five points;

2. Construction of public park and recreation facilities in addition to the dedication of the required land for park and recreation facilities: ten points;

3. Dedication of land for public park and recreation purposes in excess of the minimum required: ten points;

4. Dedication of easements for public trails for pedestrians, equestrians and/or bicycles within and through a proposed development, in addition to land dedicated for park and recreation purposes: five points;

5. Construction of public trails for pedestrians, equestrians and/or bicycles within and through a proposed development: five points;

6. Construction of off-site public bicycle, equestrian or pedestrian paths that will connect with an established network of similar facilities or trails: five points. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A)(part)), 2009).

17.06.265 Affordability.

The community development director shall review each development application to determine whether the development is required to provide below market rate housing as required by Chapter 18.35, Below Market Rate Housing. A maximum of one hundred points is available in this category based upon the following criteria:

A. For below market rate housing provided within the boundaries of a project (on-site) through deed restriction or other legally binding mechanism: eighty points;

B. For the combination of a portion of required below market rate housing provided within the boundaries of a project (on-site) through deed restriction or other legally binding mechanism and the payment of the balance in in-lieu fees:

1. Two-thirds or more below market rate housing units and one-third or less in-lieu payment: sixty points;

2. One-half below market rate housing units and one-half in-lieu payment: forty points;

3. One-third below market rate housing units and two-thirds in-lieu payment: thirty points;

C. For below market rate housing provided outside of the boundaries of a project (off-site) through deed restriction or other legally binding mechanism: thirty points;

D. For the provision of below market rate housing provided either on or off-site that exceeds the required number of below market rate housing units through deed restriction or other legally binding mechanism: twenty points;

E. For the payment of in-lieu fees equivalent to the number of below market rate housing units required for the project: no points. (Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A(part)), 2009).

17.06.270 Architectural design and landscaping.

The community development director shall review, and may consider the recommendation of any city council appointed advisory committee or commission, each development application to ensure the highest quality design is maintained throughout the city. The applicant shall provide a written report that addresses:

A. Architectural design quality, as indicated by the quality of construction and by the architectural elevations of the proposed buildings, judged in terms of architectural style, size and height;

B. Site design quality, as indicated by lot layout, orientation of the units on the lots and similar site design considerations;

C. Site design quality in adapting the development to the setting, including the preservation of existing vegetation, trees, natural terrain and other natural and environmental features;

D. The extent to which the proposed project creates buildings that are responsive to the needs of its users and the environment, while also accomplishing it in an appealing and attractive manner. The overall project design should be compatible and harmonious with existing adjacent residential neighborhoods and land uses, while still maintaining its own special character;

E. The extent to which the proposed landscaping, trees, shrubs, ground cover, walls and fences, mounding, landscape furniture, paths, lighting, etc., is compatible with the topography and other characteristics of the site, the character and quality of adjacent landscaping, and the architectural features of adjacent structures;

F. The extent to which the proposed development adapts itself to the environment by “blending in” the development to the surroundings;

G. Points shall be awarded in this category on the basis of design excellence, and other criteria specified in this title. A total of twenty points are available in this category, based upon the following objective and subjective criteria:

1. Provides harmonious use of exterior building materials and varying elevations by using an assortment of building materials to finish surfaces;

2. Creates visual interest by the use of quality design, architecture and construction;

3. Uses design and construction that conserve resources, such as active and/or passive solar heating and cooling, and energy-conserving building materials and appliances are incorporated into the construction;

4. Uses materials and construction techniques that exceed current California Building Code standards or requirements;

5. Site design quality as indicated by lot layout, orientation of the units on the lots and similar site design consideration;

6. Variations in lot sizes, configurations and layout take place to accommodate changes in natural terrain or to protect existing trees and vegetation, and encourage a corresponding variation in house designs and orientations;

7. Avoids excessively deep or narrow lots, in order to provide adequate side yards, to avoid crowding and to enhance spatial relationships;

8. Avoids excessive use of sharp-angled lots which waste land and constitute poor building sites;

9. Desirable views and vistas from the site are preserved by proper lot layout;

10. Avoids creating lots which require excessively long driveways for access;

11. Designs lots and buildings for noise control;

12. Varies sidewalk surfaces and dimensions to avoid monotony;

13. Varies building setbacks and angles from minimum zoning standards to create changes in relief along residential streets;

14. Foundation types are designed to minimize grading of the site;

15. Uses common driveways where appropriate to reduce driveway cuts;

16. Clusters dwelling units to restrict the amount of runoff caused by impervious surfaces and the covering of land area suitable for percolation, where applicable;

17. Site and architectural design addresses the uses of landscaping materials to provide privacy and screen trash and storage areas;

18. Uses landscaping to enhance the site, screen adjacent streets, promote sound control, prevent erosion and screen lighting sources from direct view;

19. Uses drought-tolerant native plants and trees;

20. Uses earthen berms to delineate the use of spaces, provide privacy, reduce noise pollution, control winds, mitigate flood hazards, insulate walls, frame views and offer aesthetics;

21. Group parking areas are planted to achieve shading and visual screening of the buildings;

22. Varied landscaping plans are to be made available to the home buyer.

(Twenty points total). (Ord. C-2019-03 §2(Exh. A)(part), 2019: Ord. C-8-09 §1(Exh. A)(part), 2009).

17.06.275 Review of points awarded and residential dwelling units allocated.

A. All initial applications and supporting documents shall be reviewed, points awarded and residential dwelling units allocated by April 1st.

B. The community development director shall forward to the planning commission the final determination of points and residential dwelling unit allocations, including the points and allocations as determined in Section 17.06.120, at the first scheduled planning commission meeting in April, or as soon thereafter as possible.

C. The planning commission may ratify or modify the final determination of points and residential dwelling unit allocations at this public meeting.

D. In the event of a tie between proposals based upon the criteria specified in Sections 17.06.120(I)(1) through (6), and 17.06.220 through 17.06.270 inclusive, the planning commission shall review the proposed architectural, landscape and site plans of the applications receiving the same number of points.

1. At a minimum, the planning commission shall base its review and award points on the quality of the architecture, provision of affordable housing including housing types that are more affordable to maintain, incorporation of sustainability measures, inclusion of green infrastructure, innovative site design techniques, the diversity of design in relation to the neighborhood, and the provision of other public benefits.

2. The applicant with the highest overall rating based upon objective criteria shall receive the maximum number of points to break the tie (twenty points for projects providing below market rate housing, ten points maximum for market rate housing).

E. All features for which points are awarded shall be completely installed at the time of construction as represented on the site plans and elevations that were submitted with the application for the residential dwelling unit allocation. The applicant receiving the allocation shall provide written assurance that the project will fully comply with the requirement to install all such features and the city shall contract for the services of a certified GreenPointRater to review plans prior to the issuance of building permits and to inspect the site prior to the occupancy of the structures. Failure to comply with these requirements may result in the revocation of the dwelling unit allocation for the project in question. (Ord. C-2019-03 §2(Exh. A)(part), 2019: Ord. C-2015-04 §1(part), 2015; Ord. C-8-09 §1(Exh. A)(part), 2009).

17.06.280 Appeal of distribution of residential dwelling unit allocations.

Any person aggrieved by the points awarded and/or building permits allocated to projects in this category may appeal the decision to the city council within ten days of the planning commission’s final action by filing an appeal in accordance with the requirements of Chapter 1.25. (Ord. C-8-09 §1(Exh. A(part)), 2009).