Chapter 15.34
RESIDENTIAL GROWTH MANAGEMENT PLAN
Sections:
15.34.060 Infrastructure audit and establishment of annual residential allotments.
15.34.010 Title and purpose.
A. Title. The provisions of this title shall be known as the “residential growth management plan.”
B. Purpose. The purpose of these regulations is to regulate residential development in an orderly manner to ensure that necessary public facilities and services are available when development occurs; to bring facilities and services up to appropriate standards when development occurs; and to ensure that new development pays its fair share of adding facilities. (Ord. 514-96 (part), 1996)
15.34.020 Findings.
The city council of the city adopted a general plan which seeks to promote the preservation of a high standard of quality of life through the resolution of the following objectives:
A. Provide quality housing opportunities for all economic sectors of the community;
B. “Provide a balanced community with adequate commercial, industrial, recreational and open space area to support the residential areas of the community;
C. Balance the housing needs of the region versus the public service needs of Cloverdale residents and available fiscal and environmental resources;
D. Encourage infill development in urbanized areas before allowing extensions of public facilities and improvements to areas which have yet to be urbanized;
E. Ensure that all development is consistent with the Cloverdale general plan;
F. Produce a manageable, orderly and reasonable rate of growth based upon the ability of the city to provide adequate public services, facilities and infrastructure;
G. Control and plan the location and density of growth within the city’s sphere of influence in order to preserve and protect the city’s quality of life by ensuring that residential growth in the city is supported by adequate levels of public services, public facilities and infrastructure. (Ord. 514-96 (part), 1996)
15.34.030 Definitions.
For the purposes of this chapter, the following terms are defined as following:
“Affordable housing” means housing affordable by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code of the state of California.
“Allotment” or “developer allotment” means the city approval which must be obtained by a developer before a building permit can be issued. An “allotment” is an entitlement to apply for and obtain a building permit when issued pursuant to the provisions of this residential growth management plan.
“Building permit” means the final city approval before construction may begin.
“Capital improvement program (CEP)” means a program adopted by the city council to finance and construct the capital improvements required to serve a certain level of development permitted and planned within the city.
“City” means the city of Cloverdale.
“Developer” means a person, firm, corporation, partnership or other business entity, who proposes to engage in development.
“Dwelling unit” or “unit” means a single dwelling unit.
“Inventory of residential dwelling approvals” means a yearly summary of all projects proposed within the city of Cloverdale which would generate residential housing units. (Ord. 514-96 (part), 1996)
15.34.040 Exemptions.
The following type of development projects are exempt from the allotment requirement and the application of this chapter:
A. Reconstruction, partial reconstruction or additions to presently existing residential dwelling units, which do not result in an increase in the number of residential dwelling units;
B. Commercial, professional office, industrial or other nonresidential projects;
C. Model homes constructed for subdivision sales purposes and not intended for sale and occupancy until completion of the subdivision;
D. Multifamily or single-family attached or detached projects of five or fewer units;
E. Single-family homes or multifamily housing where occupancy is limited to senior citizens of sixty-two years or older and such occupancy is guaranteed for a period of not less than ten years;
F. Development proposals for which a development agreement has been approved pursuant to city council Resolution 1-87;
G. Affordable housing development oriented to very low or low or moderate income dwelling units in which such affordability is guaranteed for a period of not less than ten years. (Ord. 514-96 (part), 1996)
15.34.050 Annual review of inventory of residential approvals and determination of annual expected units.
A. Annual Review of Inventory of Residential Approvals. Commencing on October 1st, but occurring no later than December 1st of each calendar year, the city council shall review an inventory of residential development approvals, as administratively determined by the planning department. The inventory shall be determined as of October 1st of each year and thereafter promptly reported to the city council. The inventory shall name all projects under city review, or previously approved by city action, and their infrastructure and public service requirements. The planning department shall report the relative percentages of the different housing types existing in, and proposed for development in the city and in relation to the policies of the Cloverdale general plan and its housing element thereof.
B. Classification of Residential Approvals. The inventory shall categorize all pending residential projects per the system described in Section 15.34.060D, Determination of Eligibility of Residential Development Projects. The inventory shall quantify all projects as to the number of units impending or likely to be constructed over the next calendar year. The city shall classify those units as impending as those having filed a building permit application or associated with a project having a recorded or unrecorded final map with all public streets installed and accepted or what is described in Section 15.34.060(D)(1)-(3).
C. Commencement of Yearly Infrastructure Audit and Establishment of Annual Residential Allotment Based on Projected Residential Units. If the inventory described above documents the existence of two hundred or more impending residential units projected over the next calendar year, the city council shall direct the preparation on an infrastructure audit and the establishment of an annual residential allotment, as described in Section 15.34.060. The tally of the two hundred residential units shall include those having filed a building permit application or those associated with a project having a recorded or unrecorded final map with all public streets installed and accepted or what is described in Section 15.34.060(D)(1)-(3). If the city council finds that, based on the inventory conducted by the city, the number of residential units projected over the next calendar year will not exceed two hundred in number, the city council shall adopt findings to accept the inventory and to defer the requirement for an infrastructure audit and establishment of an annual residential allotment.
D. Commencement of Yearly Infrastructure Audit and Establishment of Annual Residential Allotment by City Council Action. Upon reviewing the inventory and determining that the number of residential units projected for the next calendar year is less than two hundred, the city council may direct that the infrastructure audit and/or annual residential allotment be initiated pursuant to the provisions of Section 15.34.060. In order to initiate the preparation of the infrastructure audit and/or annual residential allotment for a calendar year in which the number of units are estimated to be less than two hundred, the city council shall adopt findings indicating the existence of special or extenuating circumstances. Such extenuating circumstances would include the need to further document any significant deficiencies in city infrastructure or public services or a concern with the cumulative number of residential units constructed over past years. (Ord. 514-96 (part), 1996)
15.34.060 Infrastructure audit and establishment of annual residential allotments.
The following section would apply only under the provisions identified in Section 15.34.050, specifically when the yearly inventory finds more than two hundred units are projected over the next calendar year or by special action of the city council.
A. Infrastructure Audit and Review of Public Services. Commencing on October 1st of each calendar year, but occurring no later than December 1st of the same calendar year, the city council shall conduct an infrastructure audit and review of public services. The number of residential allotments for each succeeding calendar year shall be determined by the city council following their review of the infrastructure audit and review of public services, or hereinafter referred to as “audit.” The elements to be considered in the audit shall reasonably attempt to include the information, evaluations and determinations set forth below, as necessarily limited by the ready availability of such information to evaluate such matters and in light of whether specific level of service or other criteria for measurement has been established for the particular service, facility or infrastructure element by the city council. In the absence of a specific level of service or other criteria for measuring the provision of public service, facility or infrastructure, the city council may reasonably determine the impact of new residential development based upon the best professional judgment of the officers and employees of the city responsible for the provision of such public functions and upon such other information as they determine relevant. The audit shall consist of the following elements:
1. Public Facilities and Infrastructure. Whether sufficient capacity of the following public facilities and infrastructure exists to serve new development and whether capacities or levels of service will fall below standards contained in the city general plan, development impact fee program or capital improvement program:
a. Traffic levels of service on streets, intersections and interchanges identified in the Cloverdale general plan;
b. Water entitlement, distribution, storage, and treatment capacity;
c. Wastewater collection and treatment capacity;
d. Drainage and flood control capacity;
e. Park, recreation and community facilities.
2. Public Services. Whether sufficient resources exist or can otherwise be made available for the following services to support new development and whether capacities or levels of service will fall below standards contained in the city general plan, development impact fee program or capital improvement program:
a. Police protection, including the availability of necessary equipment and support services to the police department;
b. Fire protection, including the availability of necessary equipment and support services to the fire district;
c. Maintenance of public facilities relating to parks, landscape, trees, buildings, streets, water/sewer/drainage systems including availability of necessary equipment and support services to the public works department.
To assist in the compilation of information on the level of public services within the community, the city manager shall request independently developed and prepared reports from other public agencies, including the Cloverdale school district and Cloverdale health care district, as to school and ambulance services, for inclusion into the audit and presentation before the city council.
B. Establishment of Yearly Development Allotment. Commencing on October 1st of each calendar year, but occurring no later than December 1st, the city council shall hold a public hearing, review the findings of the audit, and establish the maximum number of units of residential development which could be constructed given the availability of city public facilities, services and infrastructure. The staff report to the city council containing the yearly audit shall be available for public review a minimum of ten calendar days prior to the public hearing. The public hearing notice advertising the meeting of the city council shall reference the availability of the staff report and a location where it can be reviewed and/or obtained.
After conducting the public hearing, the city council, by resolution, shall adopt findings as to the availability or nonavailability (i.e., deficit) of public services, facilities and infrastructure and determine the amount of units which could be built during the next calendar year. The city council may also allocate units geographically within the city if its finds that a public service, facility or infrastructure deficit exists that adversely affects a particular area. Conversely, the city council may increase the allotment for a particular geographical area of the city provided a developer wishes to correct a deficit by financing or constructing the facility or service in question. The allotment of residential units by the city council shall extend for each calendar year or from January 1st to December 31st.
C. Procurement of Development Allotments. By January 1st of each calendar year, the city council shall issue allotments for building permits for the next calendar year extending from January 1st to December 31st. All developers wishing to construct a residential development which is not exempt from the provisions of this chapter as noted in Section 15.34.040 above, shall apply for, and obtain an allotment. Applications for allotments can be submitted during the entire calendar year, provided such allotments are still available, but will only be valid during the calendar year when such application was made to the city. All applications for allotments will be accepted and approved on a chronological or first-come, fast-served basis and officially issued upon the procurement of a building permit. All allotments approved during the calendar year shall be automatically prioritized and counted toward the maximum number of allotments determined by the city council.
The application for a development allotment shall be submitted as follows:
1. Any application for a development allotment shall be made in the form specified by the city council and shall include all of the information requested.
2. The application shall be accompanied by the application processing fee as set by the city council.
3. The date the application shall be deemed filed is the date the application is submitted and determined to be complete by the planning department in accordance with the criteria established in subsection (C)(1) of this section.
4. The planning department shall administratively act upon all applications deemed complete within thirty days.
D. Determination of Eligibility for Residential Development Projects. All residential development projects for which developers seek an allotment shall have completed the following approvals by either the planning commission or city council in order to receive an allotment. If such requests for allotments become greater than the actual number of allotments granted by the city council, all application for allotments will be prioritized by the following system:
For single-family attached and single-family detached units:
1. Recorded final maps with all improvements completed and accepted;
2. Recorded and unrecorded final maps with all streets paved and inspected;
3. Recorded and unrecorded final maps with all improvement plans signed and rough grading completed;
4. Recorded and unrecorded final maps without improvement plans signed and rough grading completed; and
5. Approved tentative maps.
For multifamily units:
1. Approved projects for which a lot or lots has been recorded and public streets installed and accepted by the city;
2. Approved projects for which a lot or lots has been recorded, but public streets have not been installed and accepted by the city; and
3. Approved projects for which a lot or lots has not been created.
E. Duration of Allotment. If the final permit, subdivision map or other city approval granted by either the planning commission or city council for a development project expires, the allotments issued to it shall become void as to that project, but, to the extent possible, shall be reissued to other development projects seeking allotments during that year. If the final permit, subdivision map or other city approval granted by either the planning commission or city council for a development is extended, the allotment issued to that project shall continue to be valid in accordance with the terms of their issuance. (Ord. 514-96 (part), 1996)
15.34.070 Administration.
The city council, by resolution, may from time to time adopt procedures, policies, rules, and requirements, including the adoption of processing fees, to implement and administer the provisions of this chapter. (Ord. 514-96 (part), 1996)
15.34.080 Appeals.
The actions of the planning and building department relative to the assignment and issuance of yearly allotments are appealable to the city council using the city’s procedures for appeal as specified in Section 18.03.210 of this code. (Ord. 514-96 (part), 1996)
15.34.090 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of the chapter. (Ord. 514-96 (part), 1996)