Chapter 18.48 MEASURE B RESIDENTIAL GROWTH IMPLEMENTATION PLAN

A. On April 8, 1986, the resident voters of the City of Dixon approved an initiative ordinance which authorized but did not require the City Council to limit annual residential growth in the City:

to a number of new dwelling units equal to three (3%) percent or less of the total number of housing units existing on December 31st of each prior calendar year, said limitation to begin in [1986] the year of the adoption of said measure.

A copy of said initiative ordinance is on file in the office of the City Clerk and is commonly known as and referred to as “Measure B.” Except as otherwise provided in this chapter, it is the intent of the City Council to implement the three percent (3%) growth limitation in Measure B.

B. Measure B states that:

the unit [growth] limit is intended to be designated within the limits of the City’s General Plan Goals, Objectives and Policies, in order to arrive at an approximate mix of eighty (80%) percent single family housing units (including single family attached duplex units) to twenty (20%) percent multiple dwelling units.

C. In addition, Measure B is made subject to certain exceptions set forth in Paragraph Nos. 4 and 5 of the “findings,” which are included within the adopted text of Measure B.

D. Paragraph No. 4 of the findings included the following exception to the residential dwelling unit growth limit:

In cases where the new number of units to be built in any one year (being a number equal to three (3%) percent of the dwelling units existing in the City during the previous year) is found by the Council to be insufficient for a particular Residential Development Project, when considered with other proposed units to be built during any one year, an exception may be made for a larger number of units in any one year, provided that (a) such exceptions do not occur more than two years in a row, and provided (b) in no case will the total number of units approved exceed the average of three (3%) percent per year over each consecutive five year period, and (c) that exceptions will be made only for the below-listed categories and criteria, as follows:

1. Public Services. Where the costs of public services, utilities, infrastructure or school construction borne by a particular residential project and required by the City, are found by the Council, on the evidence presented to it, to prevent such project from being economically feasible, considering the number of dwelling units allowed to be built together with such public services, et cetera, an exception may be granted by the Council;

2. Regional/Community Housing Needs. Where, on the evidence presented, the Council finds it necessary to increase the number of residential units to be built in any one year above said three (3%) percent to meet regional/community housing needs, an exception may be made by the Council.

E. Paragraph No. 5 of the findings provides that its residential growth limitations do not apply to “Any Planned Development or Unit thereof that received the approval of the City Council prior to the enactment of this measure.” It also exempted “Housing projects in the Central Dixon Redevelopment Area.”

F. On August 11, 1987, the City Council adopted its Resolution No. 8759 which provided the City Council, City staff and prospective residential developers with limited procedures and standards for use in the implementation of Measure B. Subsequent to the adoption of Resolution 8759, the City Council adopted additional resolutions and entered into development agreements, all of which were intended by the City Council to allocate residential development allotments to various residential subdivisions within the City for specified multi-year periods commencing with the enactment of Measure B in 1986 and concluding with the 2000 calendar year.

G. At a consolidated municipal election held on April 12, 1988, the City’s electorate considered Measure “D,” an advisory measure relating to the implementation of Measure “B.” In deciding Measure “D,” the electorate was asked to determine whether a policy which limited the carry-over of unused residential housing allotments by developers from the year in which they were first granted into future years was “Not Restrictive Enough,” “Fair” or “Too Restrictive.”

The policy considered permitted a developer to carry over into the next calendar year only so many unused allotments as, when totaled with the residential housing allotments issued in that next calendar year, would total one hundred twenty-five percent (125%) of the allotments actually used in the prior year. A plurality of forty-three and seven-tenths percent (43.7%) of the electorate considered the policy to be “Fair.” Approximately thirty-seven percent (37%) of the electorate desired a more restrictive view of carry-overs and considered it to be “Not Restrictive Enough.” Only nineteen and one-half percent (19.5%) of the electorate sought a more liberal carry-over policy or considered it to be “Too Restrictive.”

The City Council has considered the results of this advisory vote on Measure “D” in determining the extent and manner in which the allotment pool provided for in this chapter should operate. The allotments issued by the City will be usable by the developer to whom they are issued only during the calendar year in which they are issued. Only a limited basis for extending the life of the allotment is provided for. However, the allotments which are not used are not completely extinguished. Instead, they remain available for reallocation during the next four (4) calendar years. If not allocated and used after five (5) years, the allotments are usable only for affordable housing.

The City Council considers this procedure to be consistent both with Measure “B” and Measure “D.”

H. Paragraph 7 of Measure B provided that it would be in effect until the year 1996, when it would again be placed on the ballot for reconsideration by the City electorate. At the general municipal election on November 5, 1996, Measure B was reconsidered by the City electorate and was reaffirmed by more than a majority of the City electorate voting on the ballot measure.

I. In 1995 and 1996, the City annexed to its territory a total of one thousand three hundred thirty-two (1,332) acres of largely vacant agricultural lands to provide future growth areas for both residential developments and nonresidential developments. Prior to annexing these areas, the City adopted amendments to its 1993 General Plan which provided plans for streets, highways, and public and private land uses within these future growth areas.

J. One (1) of the future growth areas, consisting of approximately two hundred ten (210) acres, is known as the “Southpark Annexation Area.” It is depicted in the General Plan as providing building sites for approximately six hundred eighty (680) single-family residential dwellings and one hundred thirty (130) multifamily residential dwelling units.

The Southpark Annexation Area is currently undergoing additional environmental review and consideration for amendments to the General Plan and zoning in anticipation of near-term commencement of residential development. As part of this process, the City will strive to meet the Measure B target of twenty percent (20%) multifamily housing and that mechanisms are considered in the entitlement process that ensure the development of multifamily housing concurrently with the development of any adjacent single-family housing.

K. A second future growth area, consisting of approximately four hundred seventy-seven (477) acres, is known as the “Southwest Annexation Area.” It is depicted in the draft Southwest Dixon specific plan as providing building sites for approximately five hundred ninety (590) low density residential dwelling units and six hundred thirty-one (631) medium density residential dwelling units, or a total of one thousand two hundred twenty-one (1,221) low and medium density dwelling units, in addition to providing commercial and employment uses.

L. A third future growth area, consisting of six hundred forty-three (643) acres, is known as the “Northeast Annexation Area” and contains no residential land uses and is depicted in the General Plan and the Northeast Quadrant specific plan as being available for development for commercial and industrial uses.

M. In 1996, the annexation of the Southpark Annexation Area and the Southwest Annexation Area (referred to herein as “the future residential growth areas”) to the City was challenged by a statutory validating proceeding filed in Solano County Superior Court. This litigation was filed by a private party pursuant to Cal. Civ. Proc. Code § 860. It named various parties, including the City, the Solano Local Agency Formation Commission (“LAFCO”) and private landowners, as defendants, respondents and real parties in interest. In 1998, the litigation was resolved in favor of the City and Solano LAFCO through entry of a judgment by the Solano County Superior Court. That judgment was subsequently affirmed on appeal by the California Court of Appeal (First District).

N. The City General Plan and its housing element have established a set of goals, objectives and policies (“guidelines”) to guide the City in matters relating to development within the future growth areas including the future residential growth areas of the City. Those guidelines include:

The City shall maintain the ‘small town character’ of Dixon to some extent... The provisions of Measure ‘B’ currently define the upper limits of permissible growth, and while these have general support, voters in the future may act to refine some of their aspects.

The City shall phase development in an orderly, contiguous manner in order to maintain a compact development pattern and to avoid premature investment for the extension of public facilities and services. New urban development shall occur only in areas where municipal services are available and where adequate service capacity exists. In areas where proposed development would require major new facility expansion to ensure the provisions of municipal services, adequate service capacity should be in place prior to the approval of the proposed development.

The City shall manage growth to the extent that the local service networks can support it.

The City shall focus future growth initially in areas already designated as appropriate locations for such growth, in the interest of providing services in the most cost-effective manner.

The City shall encourage new residential development that is compatible with the City’s predominately low density, small town character and scale.

The City shall identify adequate residential development sites which will be made available through appropriate zoning and development standards, with public services and facilities needed to facilitate and encourage the development of a variety of housing for all income levels, including rental housing, factory built housing, emergency shelters and transitional housing in order to meet the community’s housing goals.

The City shall regulate new residential housing development so as to foster a variety of housing types, densities and costs (including low- and moderate-income units) to meet the current and future housing needs of all Dixon residents while preserving the character of the individual neighborhoods.

The City shall work toward the historic balanced mix of housing types and densities, in accordance with the eighty (80%) percent low density, single family distribution defined in Measure ‘B’ as the basis for annual limits for housing construction approvals.

The City shall allow the housing supply to expand at a maximum rate of three (3%) percent per year, based upon the total numbers of units existing in the City as of the last day of the preceding year, in accordance with Measure B.

The City shall permit moderate density residential development, characterized by smaller lot sizes and greater proportion of attached housing units, in those portions of the Planning Area characterized by a transition from single family residential to multiple family or non-residential uses.

O. In anticipation of future residential and nonresidential growth in the three (3) annexation areas listed above (“the future growth areas”), the City has been engaged in a process of capital improvement planning to ensure the provision of the essential public infrastructure needed for such growth, including, but not limited to, domestic water service facilities, storm drainage water facilities, wastewater collection and treatment facilities, streets, highways, freeway interchanges, railroad grade separations, public parks, public recreational facilities, and public administrative and safety facilities and equipment. The City has also evaluated the estimated costs associated with the financing of such essential public infrastructure and facilities and the financial resources available to the City to finance the costs of constructing such essential public infrastructure and facilities.

P. The City Council desires to finance such essential public infrastructure in a manner which is fair and just to both the current residents and businesses of the City and to the future residents and businesses whose essential public infrastructure needs, as depicted in the General Plan and its ongoing capital facilities planning, will need to be addressed by the City as development occurs in the future growth areas. The City Council has now adopted, and will routinely update, a “Facilities and Equipment Study” containing the detailed financial information needed to assist the City Council in establishing the various financing mechanisms that will be needed to fund the future construction of certain items of infrastructure and equipment required for the development of the future growth areas.

Q. At present, the City has only limited storm drainage capacity available to it to service the future growth areas. The City has prepared a storm drainage report which depicts and describes the storm drainage requirements for both its current urbanized areas and the future growth areas. Providing a solution for the storm drainage needs of the City may, at a minimum, require the City to enter into an agreement or agreements with other public agencies which provide for the disposal of such storm waters.

R. The solution to the storm drainage needs of the City will also require the City to finance and construct storm drainage facilities to transport, detain, and possibly treat storm drainage waters emanating from the future growth areas. The process by which these storm drainage issues are to be resolved has been tentatively determined, but until such matters are finally resolved, necessary agreements reached with other public agencies, and the required storm drainage is constructed, the City will have only limited capacity to serve the future growth areas.

S. The City operates a wastewater collection and treatment system (the “wastewater system”) under permits issued by the State of California Regional Water Quality Control Board – Central Valley Division (“the RWQCB”). In 1997, the RWQCB issued a cease and desist order requiring the City to comply with the requirements of the permits that it has issued for the operation of the wastewater system. Although the City has made major improvement to the wastewater system since that date in an effort to bring its operations into full compliance with those permits, the staff of the RWQCB has advised the City staff it believes that certain conditions of the RWQCB permits relating to protection of groundwater are not being met by the City.

T. Extensive tests are now being undertaken by the City to determine if it is complying with these conditions as required by the RWQCB. If the City is not complying with these conditions, further extensive improvements to the wastewater system may need to be made in order to bring the City into compliance with the permit conditions. The present uncertainty relating to these matters suggests that until they are resolved in a manner acceptable to the RWQCB, the City will have only limited capacity in its wastewater system to serve the future growth areas.

U. The City Council is desirous of ensuring that essential public infrastructure and facilities for urban development in the future growth areas will be available at the time particular developments in the three (3) future growth areas are proposed to the City and that the appropriate financing, necessary for the construction of this infrastructure, is likewise available. The City Council is also concerned that the City has the staff and financial resources available to provide needed public services, such as police protection and fire protection, to the future growth areas when those services will be needed.

V. The Dixon Unified School District has revised its facility plan for the present and future primary and secondary schools serving the present urbanized areas of the City and the growth areas in which future residential development will occur. School enrollment will increase as urban growth occurs in the future residential growth areas. The district presently has not identified all necessary sources of local funding for its future educational infrastructure needs and consequently its ability to provide service to the future residential growth areas is limited. The City Council desires that development of the future residential growth areas will not unnecessarily impact the educational infrastructure operated by the District.

W. The City’s fair share of the housing needs determination of the San Francisco Bay region, as adopted by the Association of Bay Area Governments (“ABAG”) for the 1988 to 1997 period, was six hundred ninety-nine (699) units. The City was able to meet that need during that period notwithstanding the residential growth restriction in Measure B.

X. The City’s fair share of the housing needs determination of the San Francisco Bay region, as adopted by the Association of Bay Area Governments (“ABAG”), for the 1999 to 2006 period is one thousand four hundred sixty-four (1,464) units. The City should, given favorable economic conditions, be able to meet the allocated housing need assigned to it by ABAG during the 1999 to 2006 period notwithstanding the residential growth restrictions contained in Measure B.

Y. The City General Plan and its housing element recommend a variety of programs and policies intended to provide housing for very low income households, low income households and moderate income households including, but not limited to, the following:

The City shall assist in the development of adequate housing to meet the needs of low and moderate income households.

The City shall address and assist, to the extent possible, special housing needs, such as those of handicapped [by which the State law means Persons with disabilities], elderly, large households, farm workers, families with female heads of household and families in need of emergency shelter.

The City shall recognize the need for alternative styles and types of housing, and support the development of townhouses, split-lot duplexes, condominiums and apartments in suitable locations, subject to appropriate review considerations.

The City shall encourage the provision of moderately priced housing in all larger scale development, so as to avoid a concentration of such housing in any one area.

Use Measure B to implement the goals and policies of the Housing Element and to achieve quantified objectives for housing units within each income category.

Establish affordable housing objectives consistent with the Regional Fair Share Allocations; Revise Measure B annual allocation procedures to provide incentives for performance.

Establish an annual objective for lower-income housing units as Measure B allocations are determined. Establish a City policy that gives priority for allocations to development projects that include multifamily sites or otherwise fulfill the established lower-income housing objectives.

Utilize the Measure B allocation process to designate a portion of the available allocations for either rental or owner-occupied projects which will provide lower-income units.

Allocate at least twenty (20%) percent of future residential development permits under Measure B to multiple-family housing.

The City shall encourage and assist non-profit housing providers, both public and private, to reduce development costs in order to increase production of below-market-rate housing.

Z. That notwithstanding the foregoing, the City Council recognizes a continuing need to provide opportunities for affordable housing. Therefore, this chapter provides that a residential development allotment not utilized by developers during the five (5) year life of an allotment shall thereafter remain available for the provision of affordable housing. This provision is in conformance with the intent of Measure “B” in that the overall rate of residential growth since adoption of Measure “B” would in no event exceed three percent (3%).

AA. Measure B states that its purpose is as follows:

It is the purpose [of Measure B] to augment the policies of this City as stated in its General Plan and Ordinances, regarding the regulation of residential development. To accomplish this purpose, the City needs to control its annual proposed residential Development to achieve a balanced housing mix. It is the intent of the people of the City of Dixon to realize a steady, controlled rate of balanced residential growth. This controlled growth is to assure that the services provided by the City and other service agencies will be adequate in the foreseeable future. Services should be provided in such a way as to avoid overextension or scarcity of resources of existing facilities, to bring deficient services or facilities up to full operating standards, and utilize long range planning techniques to minimize the cost of the expansion of facilities to the public.

BB. It is the intent of the City Council in adopting this Measure B Residential Growth Implementation Plan to implement the purposes of Measure B by providing a process, consistent with the stated intent of Measure B, for the annual allocation and use of residential development allotments for residential development construction in the five (5) year period with the calendar year 2002 being the fifth year in that period and the calendar year 1998 being the first year in that period. The City Council finds that this method of calculating the maximum amount of housing allotments that will be approved by the City Council over any consecutive five (5) year period is consistent with and best implements the stated intent of Measure B that through its implementation a “steady, controlled rate of balanced residential growth be maintained.”

CC. The public health, safety and welfare interests of the residents of the City promoted by the adoption of this Implementation Plan include:

1. The interests of the City and its residents in ensuring that the essential public infrastructure, facilities and public services provided by the City to the future growth areas are properly and effectively staged and financed in a manner which will, among other factors, not use existing essential public infrastructure and facilities beyond their capacity, and will, to the extent possible, allow the City to bring needed new essential public infrastructure, facilities and services into operation in a cost-efficient and timely manner.

2. The interests of the City and its residents in ensuring that the Dixon Unified School District will have the time and financial resources necessary to properly and effectively finance, build and staff the educational facilities needed to meet the education needs of the residents of the future residential growth areas.

3. The interests of the City and its residents in ensuring that residential growth in the future residential growth areas contain the mix of single-family and multifamily units that is contemplated by Measure B.

4. The interests of the City and its residents in ensuring that a balance of housing types and values will be provided in the future residential growth areas which will accommodate a variety of households, including very low, low and moderate income households.

DD. The enactment of this chapter will not reduce or adversely affect the housing opportunities of the region of California within which the City is situated and is compatible with State of California housing goals and regional housing needs because it includes inducements for the development of a variety of housing types, including affordable housing, designed to meet the needs of households of all income levels.

EE. This chapter represents a reasonable balance and accommodation of the public health, safety and welfare interests advanced by growth management as envisioned by Measure B on one hand and the public health, safety and welfare interests advanced by the continued provision of safe, sanitary and affordable housing on the other hand, because it advances the interests set forth in subsection DD of this section, without adversely impacting the City’s regional housing obligations as evidenced in subsections W, X and Y of this section. To the extent this chapter may be determined to reduce the housing opportunities of the region, the findings contained in subsection DD of this section as to the public health, safety and welfare interests promoted by the adoption of this chapter are hereby found by the City Council to justify any such reduction in the housing opportunities of the region.

FF. It is the purpose of this chapter to augment the policies of the City as set forth in the City General Plan and to all other plans, ordinances and resolutions adopted by the City Council under the authorization granted to it by Measure B for the regulation of residential growth within certain areas of the City.

GG. In order to accomplish the above findings and determinations, and to fulfill the intent of Measure B as approved by the City electorate in 1986 and in 1996, the City must be able to effectively and reasonably control the annual rate and residential mix of proposed residential development, on a year-to-year basis over five (5) year cycles. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(36), (37); Ord. 15-002 § 61.]

18.48.020 Definitions.

Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended:

“Affordable housing” shall mean single-family or multiple-family residential housing consisting of very low income household dwelling units, low income household dwelling units and/or moderate income household dwelling units in such proportions to each other as may be determined on a project-by-project basis by the City Council.

“Allotment pool” shall mean the total number of residential development allotments available for allocation at a given time, including those allocations available in a given calendar year and any of those which were available in the prior four (4) calendar years but which were not allocated or which were allocated and either relinquished or terminated.

“Approved secondary living units” shall mean living units which are added to existing dwelling units and defined as “secondary living units” under the zoning ordinance of Dixon which have been approved by the City as provided in said ordinance.

“Building Official” shall mean the appointed Building Official of the City of Dixon or his or her designated representative.

“Building permit” shall mean the final City approval before construction may begin. This is usually the permit issued by the Community Development Department with the approval of the Building Official. In the case of mobile home parks requiring a conditional use permit for the construction of the park, it shall mean the conditional use permit issued for the mobile home park if the construction of the mobile home park requires no building permit from the City.

“Dedicated as very low income housing (or low income housing or moderate income housing) under a recognized program” shall mean a residential development project or portion thereof qualifying for a residential development allotment under this chapter that has entered into a contractual agreement with the City providing legally enforceable assurances to the City that the residential development project or portion thereof for which said residential development allotment was granted will remain as very low income, low income or moderate income housing, as the case may be, for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.

“Developer” shall mean a natural person, firm, corporation, partnership, limited partnership, limited liability company, or any other association or entity, who proposes to engage in residential development on an eligible parcel and who is the owner of that eligible parcel.

The term “developer” shall also include any other person who is the owner of a lot or parcel, other than an eligible parcel, to which a residential development allotment has been granted under the provisions of this chapter. The term shall not apply to any person who is the owner of a lot or parcel to which a residential development allotment has been allocated after that allotment has been used and a residential dwelling unit has been erected upon the lot or parcel and a certificate of occupancy for that dwelling unit has been issued by the Building Official.

“Development” shall mean the use to which the land is put, including, but not limited to, subdivision pursuant to the Subdivision Map Act (Cal. Gov’t Code § 66410 et seq.) and by any other division of land, except by a public agency, the buildings to be constructed upon land, and all alterations of the land and construction incident thereto.

“Development agreement” shall mean an agreement, executed and signed by both the City and a developer under the provisions of Section 65864 et seq. of the Planning and Zoning Law and which has taken effect. A development agreement shall not be effective until it has been approved by an ordinance of the City Council and that ordinance has become operative in the manner required by law.

“Director” shall mean the Community Development Director of the City of Dixon or his or her designated representative.

“Eligible parcel” means a parcel which is eligible for a residential development allotment by being either: (1) a legal parcel or lot of record within the territorial boundaries of the City which is zoned for residential uses of the exact nature for which the residential development allotment is granted at the time of the granting of a residential development allotment to it and is divided by a final map, parcel map or lot line adjustment into the exact configuration upon which the residential development project will occur under the residential development allotment at the time of the granting of a residential development allotment to it; (2) a separate lot or parcel which, at the time of the granting of the residential development allotment, is depicted upon an approved tentative subdivision map or an approved final parcel map and for which all required public infrastructure for its development is either constructed or the construction of such infrastructure is provided for with reasonable certainty; or (3) the whole of a piece of real property not previously subdivided but proposed for residential development in such a manner that does not require subdivision under the terms of the Subdivision Map Act and for which all required public infrastructure for its development is either constructed or the construction of such infrastructure is provided for with reasonable certainty.

“Exempt parcel” shall mean any of the following: (1) any planned development or parcel or lot contained or located in a planned development approved prior to the adoption of Measure B; (2) dwellings containing occupancies on which a transient occupancy tax is paid and not more than one (1) dwelling unit is used as a resident manager’s unit for each hotel or motel or other occupancy for which a transient occupancy tax is paid; and (3) not more than one (1) dwelling unit used as a resident manager’s unit for each commercial or industrial facility.

“Infill parcel” for purposes of this chapter shall include all eligible parcels of record on the effective date of this chapter within the City with exception of those lots or parcels in future growth areas.

“Low income dwelling unit” shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that is more than fifty percent (50%), but does not exceed eighty percent (80%) of the Solano County area median income (as adjusted for family size), to rent or purchase that unit, and which is formally dedicated as low income housing, under a locally recognized program and which is funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which also includes affordability guarantees for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.

“Moderate income dwelling unit” shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that is more than eighty percent (80%), but does not exceed one hundred twenty percent (120%) of the Solano County area median income (as adjusted for family size), to rent or purchase that unit, and which is formally dedicated as moderate income housing, under a locally recognized program which may be funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which locally recognized program also includes affordability guarantees for a period of not less than ten (10) years, but which period will typically be for between twenty (20) and fifty (50) years.

“Person” shall mean a natural person, a firm, a corporation, a partnership, a limited partnership, a limited liability company, or other association or entity.

“Reasonable certainty” shall mean either: (1) that funds are on deposit with the City, or financial securities such as performance bonds, irrevocable letters of credit or assigned certificates of deposit delivered to the City, all of which are for the benefit of the City, and that they are adequate, as determined by the City Manager, to pay the costs of providing the necessary municipal infrastructure services for a lot or parcel, and that a program and schedule to provide the necessary municipal infrastructure services for that lot or parcel have been developed by either the City or the applicant, or both, which can be practically complied with as determined by the City Manager after consideration of the accepted practices in the relevant fields of municipal infrastructure service delivery and construction; or (2) that construction or provision of the necessary municipal infrastructure services for a lot or parcel has been included in the City’s adopted Capitol Improvement Program (“CIP”) and that the City Manager has determined that funds will be provided by the City in accordance with that CIP in an amount and time so as to make provision of such services reasonably certain.

“Residential development allotment” or “allotment” shall mean the City approval which must be obtained by a developer before a building permit can be issued for a residential development project. This is an entitlement issued by the City Council pursuant to the provisions of this chapter. A residential development allotment may be subject to such terms and conditions as are: (1) provided for in this chapter; or (2) provided for in a development agreement.

“Residential development project” shall mean the whole of any development project containing residential uses not expressly exempted by Measure B or this chapter. Exempted development shall not be considered a residential development project except as otherwise may be provided for under this chapter. The construction of two (2) or more residential dwellings at the same time by a single merchant production builder within an area approved as a single subdivision shall be considered one (1) residential development project, whether or not separate building permits are to be issued for each structure. The independent construction of one (1) or more single residential dwellings or duplexes by separate custom builders which are coincidentally within the same subdivision shall be considered separate residential development projects.

“Very low income dwelling unit” shall mean a separate housing unit for rent or sale with a rental rate or consumer purchase cost which enables persons with a gross household income that does not exceed fifty percent (50%) of the Solano County area median income (as adjusted for family size) to rent or purchase that unit, and which is formally dedicated as very low income housing, under a locally recognized program which is funded or subsidized pursuant to the provisions of applicable Federal, State of California, or local laws or programs, and which also includes affordability guarantees for a period of not less than ten (10) years, but which period shall typically be for between twenty (20) years and fifty (50) years. [Ord. 13-008 § 2; Ord. 13-009 § 2(38); Ord. 15-002 § 62.]

18.48.030 Application of chapter and exemptions.

The provisions of this chapter providing for the allocation and use of residential development allotments shall apply to all residential development projects within the City and all lands, lots or parcels within the City except to the following:

A. Residential development projects and lands, lots or parcels holding valid allocation of a residential development allotment prior to the effective date of this chapter.

B. Residential development projects and lands, lots or parcels which were otherwise specifically exempted from Measure B by the provisions of Paragraph 5 of its findings.

C. Rehabilitation or remodeling of existing residential dwellings as long as no additional dwelling units, other than approved secondary living units, are created.

D. Construction of approved secondary living units.

E. “Model homes” not used as residences, but used as an advertisement for housing sales, limited to ten (10) such dwelling units for each developer in each separate residential subdivision as approved by the Director under the provisions of the City zoning ordinance. The Community Development Director shall determine what is a separate residential subdivision for purposes of this exemption when lots in a subdivision have been divided in phases as provided in an approved tentative map. Model homes that have been constructed on a lot or parcel that has been temporarily exempted from the requirements of this chapter may be converted and occupied as a residence only when a residential development allotment has been granted for that lot or parcel as provided in this chapter and a certificate of occupancy has been issued for the model home by the Building Official. The Director shall issue his or her decision in writing and it shall be subject to being appealed by the developer or any interested persons as provided in DMC 18.48.250.

F. Rest homes, convalescent hospitals or facilities, assisted living facilities, and congregate care facilities.

G. Any unit for which transient occupancy taxes are paid pursuant to the transient occupancy tax ordinance of the City (Chapter 4.06 DMC), including but not limited to hotels, motels, and bed and breakfast facilities.

H. Dwelling units reserved for senior citizens, not less than fifty-five (55) years of age, when the household income is either very low, low, or moderate income as herein defined and where said dwelling unit(s) are restricted to occupancy by senior citizens as memorialized in a covenant, development agreement or other legal mechanism approved by the City Council. This exemption is limited to the first one hundred fifty (150) dwelling unit(s) so approved by the City Council. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(39), (40); Ord. 15-002 § 63.]

18.48.040 Need for residential development allotments and penalties for violations.

No building permit shall be issued by any officer or employee of the City for any residential development project within the City which is not exempt from the provisions of this chapter or Measure B until the developer of the residential development project secures a residential development allotment for said residential development project as provided in this chapter.

It shall be unlawful and a misdemeanor for any person to commence the construction of a residential development project which is not exempt from the provisions of this chapter or Measure B until that person has obtained from the City a residential development allotment for such residential development project as provided in this chapter.

It shall be unlawful and a misdemeanor for any person to occupy a model home described in DMC 18.48.030(F) as a temporary or permanent residence, or to authorize or permit any person to occupy such a model home as a temporary or permanent residence, until a residential development allotment has been granted by the City under the provisions of this chapter for the lot or parcel upon which said model home is located.

Any act which may constitute a misdemeanor under this section is also found and determined by the City Council to constitute a public nuisance, and it may be abated as such by the City Attorney in the manner provided by the general laws of the State of California. [Ord. 13-008 § 2.]

18.48.050 Establishment of five (5) year residential development allotment pool.

The City Council, based upon adequate and credible evidence presented to it, determines that the intent of Measure B can be best implemented by a residential development allotment procedure which is primarily based upon consecutive five (5) year periods commencing with the calendar year 2002 and including each of the previous four (4) calendar years. The City Council finds and determines that using consecutive five (5) year periods which include the current calendar year and the four (4) preceding calendar years for the purpose of the future allocation of residential development allotments provides a procedure which can be readily understood and effectively monitored by the City in the future to ensure that the intent of Measure B is being achieved.

In any given year, the number of allotments available for allocation shall be the total number of allotments available in the allotment pool. Allotments shall remain in the allotment pool and available for allocation for five (5) years from when they were first made available, after which they shall no longer be available for allocation except as affordable housing in accordance with DMC 18.48.200.

Residential development allotments shall be considered to be used at the time a building permit is issued. The oldest valid allotment extant when a building permit is issued shall be considered to be the allotment which is used. For example, where forty-five (45) 1998 allotments are in the 1998 to 2002 allotment pool, the first forty-five (45) building permits issued in 2002 shall be considered to have utilized the 1998 allotments rather than any other allotments from 1999 to 2002. [Ord. 13-008 § 2.]

18.48.060 Procedures for allocations of residential development allotments for calendar year 2001.

Repealed during 2013 recodification. [Ord. 13-008 § 2.]

18.48.070 Procedures for allocation of residential development allotments commencing in calendar year 2002.

Except as otherwise may be provided in a development agreement for a specific residential development project, commencing with the calendar year 2002, residential development allotments shall be subject to being granted by the City Council to developers as follows:

A. All allocations of available residential development allotments shall be made on a calendar year basis.

B. On or before November 15th of each year, the Director shall issue and make public a nonbinding estimate of the number of residential development allotments in the allotment pool for the coming calendar year.

C. If the applications for residential development allotments do not exceed the number of residential development allotments available for allocation, the City Council may either: (1) extend the date for the submission of applications, or (2) solicit new applications at a later date during the year determined by the City Council.

D. A separate application for a residential development allotment must be filed for each residential development project.

E. All applications must be filed on forms provided by the Director and shall contain such information determined necessary by the Director to assist the Director and the City Council in properly administering this chapter. Applications for any given calendar year shall be filed by not later than December 30th of the prior year.

F. Each application must be accompanied by a processing fee in such amount as may be fixed by resolution of the City Council from time to time.

G. Each application shall be accompanied by a development schedule outlining the dates by which all other required development entitlement applications for the residential development project were either approved or will be filed with the City and the estimated dates within the applicable calendar year when the building permits for construction of the residential dwellings could be issued should the requested residential development allotment be granted by the City Council.

The application shall also be accompanied by a list of all public infrastructure and facilities which are currently available to serve each lot or parcel for which a residential development allotment is requested and a list of all public infrastructure and facilities which are not currently available to serve such lots or parcels, together with a detailed description of the applicant’s plans to provide such infrastructure with reasonable certainty to the satisfaction of the City Manager. The City Manager shall render his or her decision with respect to the reasonable certainty that the infrastructure will be available in writing and it shall be subject to being appealed as provided in DMC 18.48.250.

H. The date the application shall be deemed filed shall be the date when a complete application is properly submitted to the Director and is accepted as such by the Director. The Director shall notify the applicant in writing when the application is accepted as being complete. In those cases where an application is made early enough, an accepted application may be amended by the submittal of an additional application made in the same manner and subject to the same filing deadlines as the original application. The date when the amended application is deemed filed shall be the date when a complete amended application is properly submitted to the Director and is accepted as such by the Director. The Director shall notify the applicant in writing when the amended application is accepted as being complete.

I. If the application is not complete, the Director shall return it to the applicant with a written description of the reason why it is not being accepted as complete and shall afford the applicant a period of time, not less than five (5) days, nor greater than ten (10) days, within which to resubmit the corrected application. If the corrected application is complete, it shall be accepted by the Director. If the corrected application is not complete, the application shall be rejected by the Director and the applicant notified in writing by the Director of the rejection of the application and the reason or reasons why it was rejected. Any decision of the Director to reject an application may be appealed to the City Council as provided in DMC 18.48.250.

J. The Director shall submit each complete application to the Public Works Director, Community Services Director, Police Chief, Fire Chief and the Manager of the Solano Irrigation District (“the commenting officials”) for review and written comment upon the adequacy of public infrastructure to serve the lots or parcels which are the subject of the application. Upon the receipt of said comments by the Director, he or she shall forward the applications to the City Council for consideration with both the comments of the Director, if any, concerning the applications and the comments of the commenting officials, if any, concerning the adequacy of public infrastructure needed to serve the lots or parcels.

K. Upon receipt of the applications and above-described comments, the City Council shall conduct a noticed public hearing not later than February 15th on the complete applications. Written notice of the hearing shall be given by the Director to all applicants whose complete applications are under consideration by the City Council by mailing the notice to the applicant’s address as shown in the applicant’s application not later than ten (10) days prior to the hearing date. Notice of the hearing shall be published at least one (1) time in a newspaper of general circulation within the City not later than ten (10) days prior to the hearing date.

L. Subject to the numerical limitations and housing type mix requirements provided in Measure B and subsequent to the public hearing required by subsection K of this section, on or before March 15th the City Council shall determine and allocate the number of residential development allotments for the applicable calendar year. In making the allocation, the City Council shall consider the purposes and limitations of Measure B, but the decision of the City Council in determining the number of residential development allotments to be allocated in the calendar year and the manner in which they are allocated among competing applicants in accordance with the requirements of this chapter shall be subject to the legislative discretion of the City Council and such determinations shall be final.

M. Prior to allocating residential development allotments in excess of the three percent (3%) limit provided for in Measure B, the City Council shall make the finding or findings required by Paragraph 4 of the findings contained in Measure B.

N. Each such allocation shall be subject to the terms of this chapter, the terms of Measure B and any condition or conditions imposed by the City Council at the time of making the allocation.

O. The City Council shall give preference in the allocation process to those developers who have entered into a development agreement and whose allotments allocated by the development agreement have been reallocated and reduced. Such preference shall be limited to the number of allotments by which the development agreement allotments have been reduced. Developers who have entered into a development agreement and desiring additional allotments beyond what was allocated by the development agreement must apply for an amendment to the development agreement.

P. The City Council may give preference in the allocation process to residential development projects that provide for the construction of affordable housing, or which are needed to maintain the appropriate mix of single-family and multifamily dwelling units in the City mandated by the provisions of Measure B.

Q. Each allocation to a developer shall specifically identify the eligible parcel to which the residential development allotment or residential development allotments for the calendar year are being allocated. In addition, each allocation shall be subject to the terms of this chapter and any condition or conditions imposed by the City Council at the time of making the allocation.

R. To the extent that all of the available residential development allotments are not allocated by the City Council to developers in the annual process described above, the Council may: (1) choose not to use the unallocated residential development allotment during the calendar year (in which case those four (4) or fewer years old will remain in the allotment pool for the following year), or (2) authorize the granting of residential development allotments to developers by application made to the Director on a first-come, first-served basis as such applications are received by the Director or building permits issued by the Building Official. The allocations of such unused residential development allotments may be made by resolution of the City Council containing such terms and conditions, consistent with the requirements of Measure B, as the City Council deems appropriate. The Director shall render his or her decision in writing and it shall be subject to being appealed by the developer as provided in DMC 18.48.250.

S. Any allocation of residential development allotments shall indicate the calendar year of the allotments so allocated. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(41), (42).]

18.48.080 Alternative dates for application and processing of allotments.

Additional procedures to be followed by the City in receiving, reviewing and allocating residential development allotments for a residential development project may be established from time to time by resolution of the City Council. For the calendar year 2002 and for any subsequent calendar year, the City Council may, by resolution, establish dates other than those set forth above in DMC 18.48.070 for the filing of applications for residential development allotments and the processing of said applications by the Director and City Council. In addition, if it appears that no residential development allotments will be available for allocation in any calendar year, the City Council may, by resolution, determine that no application for such allotments will be accepted or processed for that calendar year. [Ord. 13-008 § 2.]

18.48.090 Application contents.

Any application filed for a residential development allotment under the provisions of this chapter shall contain the following information:

A. Name, address and telephone number of the applicant and developer (i.e., owner).

B. Name, address and telephone number of the agent, if any, of the applicant and developer.

C. Legal description and assessor’s parcel map descriptions of the eligible parcel(s) or other lots or parcels for which a residential development allotment is being sought.

D. A preliminary title report of such parcel(s) issued not later than thirty (30) days before the date of the application.

E. General Plan land use designation for such parcel(s).

F. City zoning map zoning designation for such parcel(s).

G. Map of the residential development project in which such lots or parcels are located.

H. Acreage of the residential development project in which such lots or parcels are located and area of such lots or parcels.

I. Copy of final map(s) or parcel map(s), if any, which include such lots or parcels, together with a copy of any development agreement(s) for such parcel(s).

J. If such lots or parcels are not included on a final map or parcel map, either a copy of an approved tentative subdivision map for such parcel(s) or an approved development agreement for such parcel(s).

K. If application signed by other than the developer (i.e., owner) of such parcel, a written document from the developer authorizing the applicant to file the application for the residential development allotment, bearing an acknowledgment of the developer’s signature(s) by a notary public.

L. A preliminary project layout, including a description of the projected size(s) of residential structures which the applicant proposes to construct on such parcel(s).

M. For a multifamily residential development project, the number of dwelling units which will be built on such parcel(s).

N. A completed environmental questionnaire and copies of any prior environmental documents, if any, for the proposed residential use or uses which will be located on such lots or parcels.

O. Each application shall be accompanied by a development schedule outlining the dates by which all other required development entitlement applications for the residential development project were either approved or will be filed with the City and the estimated dates within the calendar year for which allocations are being requested when construction of the residential dwellings could commence should the requested residential development allotment be approved by the City Council.

P. The application shall also be accompanied by a list of all essential public infrastructure and facilities which are currently available to serve the parcel and a list of all essential public infrastructure and facilities which are not currently available to serve the parcel.

Q. A detailed description of the applicant’s plans, or the plans of others, to provide with reasonable certainty all nonavailable public infrastructure prior to the termination date of the residential development allotment. [Ord. 13-008 § 2.]

18.48.100 Method of granting of residential development allotments.

A. All residential development allotments, other than those allocated by the City Council through the use of development agreements, shall be granted by the City Council by the adoption of a resolution. The resolution shall specifically describe the parcel(s) for which the residential development allotment is approved and the calendar year for which it is being allocated. Residential development allotments allocated through development agreements shall be granted through the adoption of said agreements by ordinance as required by law and the ordinances and resolutions of the City.

B. In any given calendar year, the City Council may, by resolution, authorize up to twenty-five percent (25%) of the available residential development allotments to be allocated by the Director to residential development projects on infill parcels on a first-come, first-served basis. Such allocations shall be made subject to such terms and conditions, consistent with Measure B, as the City Council deems appropriate.

C. Notwithstanding the provisions of DMC 18.48.070, 18.48.080 or 18.48.090, allocation of residential development allotments in those residential development projects for which a development agreement is approved shall be determined and memorialized in the development agreement for each such residential development project in accordance with DMC 18.48.180. [Ord. 13-008 § 2.]

18.48.110 Use of residential development allotments to obtain building permits.

All developers securing residential development allotments shall, subject to the terms and conditions of this chapter, have the opportunity to obtain a building permit for the residential development project on the lot or parcel for which the residential development allotment has been approved by applying for such permits, paying all fees which are collected at the time of the issuance of the building permit, including all mitigation and impact fees and capacity charges which are payable at that time; provided, however, that where another ordinance or policy of the City provides for deferral of payment of such fees or charges to a later time, nothing in this section shall prevent the deferral of payment in accordance with such ordinance or policy. [Ord. 13-008 § 2.]

18.48.120 Termination of allotment for failure to obtain building permits.

If a developer who has been issued a residential development allotment through the annual process provided for in DMC 18.48.070 or 18.48.080 should fail prior to September 30th of the calendar year for which the residential development allotment was issued to obtain a building permit for the residential development project on each lot or parcel for which the residential development allotment was approved, said residential development allotment shall terminate without further action of the City Council or City for each lot or parcel for which the building permit was not obtained unless, prior to September 30th, the developer has obtained a resolution of the City Council granting an extension of time in which to obtain the building permit, which extension shall not be later than September 30th of the following calendar year. [Ord. 13-008 § 2.]

18.48.130 Termination of allotment for failure to complete construction.

In the event a developer uses a residential development allotment by obtaining a building permit and thereafter fails to construct the structure for which the permit was issued within the time periods for completion of such construction provided for in the adopted building code and said building permits are revoked by the Building Official as provided in said codes, then the residential development allotments shall automatically terminate upon the revocation of the building permit and no new building permit may be issued for the parcel upon which the construction was to occur until a new residential development allotment is obtained by the developer for that lot or parcel as provided in this chapter. [Ord. 13-008 § 2.]

18.48.140 Voluntary relinquishment of residential development allotment.

If a developer who has been issued a residential development allotment through the annual process provided for in DMC 18.48.070 or 18.48.080 determines that it will be unable to use the allocated allotment during the calendar year for which it was allocated and gives written notice to the Director, not later than August 31st of that calendar year, that it desires to relinquish the allotment, then upon receipt of said notice the Director shall notify the City Council that said allotment is available for reallocation as provided in DMC 18.48.170. Any developer who voluntarily relinquished an allocated allotment in this manner shall be entitled to such priorities in the allocation of new residential housing allotments as may be provided for in the procedures adopted by the City Council under the provisions of DMC 18.48.170. [Ord. 13-008 § 2.]

18.48.150 Reapplication by developer with terminated allotment.

Any developer whose residential development allotment has been terminated under the provisions of DMC 18.48.120 or 18.48.130, may, in subsequent calendar years, reapply for allocation of residential development allotments for the lots or parcels for which the residential development allotment had been previously approved. The process followed for such applications shall be that provided in DMC 18.48.170. [Ord. 13-008 § 2.]

18.48.160 For-cause extension of allocation termination date.

The City Council shall grant an extension of time to a developer if the developer could not timely obtain the building permit from City as a result of litigation filed by a third party which enjoined the City Building Official or other officer, board, or commission of the City from issuing the building permit to the developer or expressly enjoined the developer from obtaining the building permit from City. The developer shall have the burden of demonstrating, by a preponderance of the evidence, an entitlement to an extension pursuant to this section. Where an extension is granted, the developer shall make application for the permit during the calendar year for which it was allocated and pay all fees required for the building permit. Thereafter, when the permit is subsequently issued by the City, for purposes of this chapter it shall be deemed to have been issued in the calendar year when it would have been issued but for the pendency of such litigation. [Ord. 13-008 § 2.]

18.48.170 Reallocation of relinquished or terminated residential development allotments.

A. The City Council may, by resolution, reallocate residential development allotments which were voluntarily relinquished under the provisions of DMC 18.48.140 or terminated by the City under the provisions of DMC 18.48.120 or 18.48.130. Said reallocation may be made during or following the calendar year for which the residential development allotment was originally allocated; provided, that such reallocation is made during the five (5) year life of the allotment. The reallocation shall be made from residential development allotments which are available for reallocation after taking into consideration all allocations of the City Council that have been made under DMC 18.48.180 in connection with the approval of development agreements. In reallocating the available residential development allotments the City Council shall exercise its legislative discretion in determining the developer to whom said allotment will be reallocated subject to the terms and conditions contained in this section.

B. The City Council shall provide for the reallocation of the relinquished or terminated residential housing allotments to developers in the following order of priority:

1. First preference shall be given by the City Council to developers who, in the current calendar year or in prior calendar years, have voluntarily relinquished allocated residential housing allotments for a project. To be eligible for this preference, the developer must give written notice to the Director pursuant to DMC 18.48.140 of a desire to voluntarily relinquish the residential development allotment. The notice shall be given on a form provided by the City Clerk and approved as to form by the City Attorney. Priority among the developers who are eligible for such reallocation shall be established based upon the date when the Director received written notice from the developer that the allocated allotment was being voluntarily relinquished.

2. Second preference shall be given by the City Council to the developers who participated in the annual allocation process in the current calendar year or in prior calendar years and whose valid applications for allocation of residential development allotments were denied, or partially denied, by the City Council on the grounds that no additional residential housing allotments were available for allocation in that calendar year. The City Council may exercise its discretion in determining the manner in which the available housing allotments are allocated to the developers who fall into this group and may do so without regard to the date or dates when the developers were previously denied allocation of residential development allotments by the City Council. [Ord. 13-008 § 2.]

18.48.180 Allocations of residential development allotments in development agreements.

The City Council may, in its sole discretion, conditionally obligate the City to issue residential development allotments to developers who enter into development agreements with the City when such obligation is provided for in a development agreement that has become effective.

The terms of such development agreement may provide for the issuance of residential development allotments for any period of time not to exceed ten (10) consecutive years. It shall also provide that any residential development allotment approved by the City Council in said process shall be subject to issuance, use, termination and reallocation in the same manner provided for in this chapter unless a different procedure for termination and reallocation is provided for in the development agreement. Residential development allotments provided for in development agreements shall be subject to the limits and exceptions provided for in Measure B.

Requests for multi-year allocations of residential development allotments shall be filed at the same time as the application for a development agreement and shall contain the following additional information and data:

A. The total number of allotments requested in each calendar year; and

B. A statement of the reasons why the applicant is requesting a multi-year allocation of residential development allotments in the proposed development agreement; and

C. A statement of the unique benefits, if any, which the developer believes will inure to the benefit of the City and its residents by reason of the City’s willingness to enter into the development agreement; and

D. Any terms and conditions which the applicant desires to be included in the development agreement; and

E. An offer to reimburse the City for its reasonable expenses incurred in preparing and processing the development agreement.

The allocation of residential development allotments in the development agreement shall be made as part of the approval of such agreements and in the same manner as is provided for by the provisions of the State Planning and Zoning Law and adopted policies of the City which apply to the City’s approval of development agreements. [Ord. 13-008 § 2.]

18.48.190 Reallocation of terminated allotments.

Any residential development allotment that is terminated for any reason shall return to the allotment pool and may thereafter be reallocated either in the annual allocation process or by development agreement. [Ord. 13-008 § 2.]

18.48.200 Allocation of residential development allotments for affordable housing projects.

Any residential development allotment which remains unallocated after five (5) years may be used solely for affordable housing. The use of such allotments shall be determined by the City Council on a case-by-case basis and shall not be subject to either the annual or five (5) year allotment limitation. [Ord. 13-008 § 2.]

18.48.210 Residential development allotments run with land.

All residential development allotments, when approved by the City Council, shall run with the residential development project and the lot or parcel of land for which the residential development allotment was issued. Except as provided in this section, residential development allotments shall not be transferable by a developer except as an incident to the transfer of undivided fee title to such land to another person. Any attempt to transfer a residential development allotment except as an incident to the transfer of fee title to the land for which the residential development allotment was issued shall be null and void and shall, without further action of the City Council, constitute a termination of the residential development allotment which was the subject of the purported transfer. Allocated residential development allotments may only be used for the residential development project for which the residential development allotment was issued.

Notwithstanding the foregoing, the City Council may permit a residential development allotment granted to a developer for a specified lot or parcel to be used for a different residential development project on that same lot or parcel if the new residential development project has been reviewed by the Planning Commission and expressly approved by the City Council. [Ord. 13-008 § 2.]

18.48.220 Guidelines and procedures.

The City Council may, by resolution, approve procedures and guidelines to be followed by the Director and applicants in the implementing the provisions of this chapter. [Ord. 13-008 § 2.]

18.48.230 Severability.

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have enacted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. [Ord. 13-008 § 2.]

18.48.240 Conflicting provisions.

The provisions of this chapter shall prevail over any and all conflicting provisions found in the ordinances, resolutions, plans and policies of the City which have heretofore been adopted by the City Council for purposes of implementing Measure B and shall prevail over any conflicting provisions of Measure B itself. [Ord. 13-008 § 2.]

18.48.250 Appeals.

Actions of a final nature which are taken by the Director or City Manager which are made subject to appeal under the provisions of this chapter shall be subject to appeal as provided in this section.

The developer or any other persons authorized by this chapter to do so may file an appeal if an appeal is authorized by the provisions of this chapter. The amount of fees for the filing of any such appeal shall be fixed by resolution of the Council, which fees shall not exceed the reasonable costs to the City of processing and hearing such an appeal.

The appeal must be filed with the City Clerk not later than ten (10) calendar days following the date of the action from which the appeal is taken. If this chapter requires that notice of said action be given, then the appeal must be filed with the City Clerk not later than ten (10) calendar days following the date that notice of said action has been given as required by this chapter, or within ninety (90) days following the date of the action, whichever first occurs.

The City Clerk shall prescribe and provide the appellant the form which shall be used by the appellant in filing any such appeal. The City Clerk shall give the appellant written notice of the date of the appeal hearing before the City Council not later than five (5) days from the date of said hearing.

All appeals from an appealable action of the Director or City Manager shall be heard by the Council as soon as practicable, but in no event later than thirty (30) days from the date of the filing of the appeal with the City Clerk. The City Council shall consider any relevant written and oral evidence presented to it concerning the subject of the appeal and shall render its decision not later than twenty-one (21) days following the date of the conclusion of its hearing on the appeal. [Ord. 13-008 § 2.]