Chapter 14.05.030
Procedures for the Annual Allocation of Residential Building Permits
Sections:
14.05.030.020 Process for Allocation of Residential Building Permits.
14.05.030.010 Annual Review of the Inventory of Unbuilt Allocations and Determination of Available Allocations.
Each year, within the time frame specified within this division, the Director of Community Development shall conduct an inventory and administratively determine the number of residential units with an approved allocation for which building permits have not been issued. The inventory shall be the factor used in determining how many allocations will be available during the following calendar year.
A. Existing Inventory Determined. The existing inventory shall be determined as of December 31st of each year as follows:
1. All unbuilt units within a final map.
2. All unbuilt multifamily units within an approved planned development and approved allocation.
3. All unbuilt units within a tentative map or parcel map, which are grandfathered in accordance with this chapter.
4. All unbuilt multifamily units within a planned development, which are grandfathered in accordance with this chapter.
5. The inventory shall not include unbuilt units subject to a phasing plan.
B. Determination of Available Allocations. The City Council, each January, shall review the inventory of residential units as in accordance with Chapter 14.05.010 of this code and determine the number of residential units, exclusive of those units subject to a phasing plan, available to be allocated during the next calendar year in order to obtain a maximum inventory of 750 units. Should the inventory exceed 750 units, no further allocations, except for exempt units in accordance with this chapter, will be available to be granted during the next calendar year.
C. Consideration of Units Within Phasing Plans. The City Council shall determine the number of potential units within phasing plans considered buildable in the following calendar year, based upon whether they are likely to have adequate infrastructure to support the units within the following calendar year. When added to the existing inventory determined in accordance with Chapter 14.05.020 of this code, if the total number exceeds 1,000 units, the City Council shall review and may reduce the number of allocations to be granted during the next calendar year. The information contained within the Infrastructure, Facilities and Services Status Report required in accordance with Chapter 14.05.040 of this code shall be considered during this review.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.05.030.020 Process for Allocation of Residential Building Permits.
A. Acceptance of Allocation Requests. If it is determined, pursuant to Chapter 14.05.020 of this code, that there are allocations available to be granted during the calendar year, requests for allocations will be accepted and approved up until the total inventory is at 750 allocated units. The City Council shall consider allocation requests in chronological order based upon the following dates:
1. For residential units on individual parcels within a subdivision map, the date that the Director of Community Development determines that the improvement plans and final map are ready for approval.
2. For multifamily residential units within a planned development which are not individual parcels within a subdivision map, the effective date of the approval of the planned development, or for projects granted a time extension, the effective date of the approval of a time extension for a planned development.
B. Consideration of Allocation Requests for Final Maps. The approval of allocations for units within a final map shall occur concurrent with the City Council’s consideration of the recordation of a final map pursuant to Division 14.11.
1. Units within a recorded final map are deemed to have allocations that are valid concurrent with the life of the recorded map.
2. Allocations shall expire and be null and void should the final map be reverted back to acreage.
C. Consideration of Allocation Requests for Multifamily Units. The approval of allocations for units within a planned development which are not individual parcels within a subdivision map shall occur subsequent to approval of the planned development and may occur concurrently with approval of the development applications by the City Council.
1. Multifamily units with approved allocations are deemed to have building permit allocations that are valid with the life of the approved planned development.
2. The building permit allocations shall expire and be null and void upon the expiration date of the planned development approval and are not automatically extended with a time extension request.
D. Consideration of Allocation of More Than 750 Units. The City Council may, in its discretion and on a case-by-case basis, consider a request for the allocation of units for a project that would bring the inventory of units above the planning standard of 750 as provided below.
1. An application shall be made on a form specified by the Director of Community Development and be accompanied by a fee set by resolution of the City Council in an amount sufficient to cover the City’s costs associated with processing, reviewing, and analyzing the application.
2. The City Council may approve the application if it determines that there are adequate public facilities, infrastructure, and services to serve the residential development, and that approving the application benefits the public.
3. In approving an application, the City Council may place conditions on the approval, including, but not limited to, a specific deadline by which building permits shall be obtained for the additional residential units.
E. Limitations for Approval of Allocations. Residential units subject to a phasing plan are not eligible for additional allocations under the provisions of this section.
F. Limitations on Recordation of Final Maps and Issuance of Building Permits.
1. Except as provided in Section 14.05.030.030, no final map shall be approved by the City Council for a residential subdivision unless allocations for the residential units within that final map have first been approved.
2. Except as provided in Section 14.05.030.030, no building permit shall be granted for the construction of multifamily dwellings unless allocations for those units within that multifamily project have been approved.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.05.030.030 Exceptions to the Limitations on the Recordation of Final Maps and Issuance of Building Permits.
A. The recordation of final maps for the following projects are exempt from the provisions of this division and may be accepted, processed, and recorded at any time:
1. Parcel maps for four or fewer residential units.
2. Publicly subsidized or below market rate projects where all units within the project are affordable to very-low and/or low income households, as defined in Division 14.09.
3. Subdivision maps where all units within the project are custom-designed, single-family homes.
4. Subdivision maps where all units within the project are limited to occupancy by senior citizens 55 years of age or older.
5. Development projects for which there is an approved Phasing Plan, which specifically provides for an exemption to the provisions of this division.
6. Units approved within tentative maps by January 13, 2000.
a. Upon expiration of the approval, the exemption provided under this section is void.
B. The issuance of building permits for multifamily residential units for which there is no final map may be accepted, processed, and issued at any time for the following projects:
1. Projects of four or fewer residential units.
2. Accessory dwelling units.
3. Publicly subsidized or below market rate projects where all units within the project are affordable to very-low and/or low income households, as defined in Division 14.16.
4. Development projects where all units within the project are limited to occupancy by senior citizens 55 years of age or older.
5. Development projects for which there is an approved phasing plan, which specifically provides for an exemption to the provisions of this division.
6. Units approved by January 13, 2000, which are within a planned development and are not individual parcels within a subdivision map.
7. Upon expiration of the approval, the exemption provided under this section is void.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.05.030.040 Administration.
A. Within any designated year, the City Council may, by resolution, extend deadline dates for the preparation of the infrastructure, facilities and services status report or for the annual review of the inventory of unbuilt allocations, in unusual circumstances when necessary information is not readily available within the designated time periods.
A. Within any designated year, however, the City Council may, by resolution, defer the preparation of the infrastructure, facilities and services status report for up to one year when the city council determines that it is unlikely that such report would identify any significant decrease in levels of public services.
B. The Director of Community Development is authorized to issue administrative procedures and guidelines to implement the provisions of this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022)