Chapter 14.38


14.38.010    Legislative intent.

14.38.020    Findings.

14.38.030    Definitions.

14.38.040    General provisions.

14.38.050    Application procedure.

14.38.060    Review of growth management system.

14.38.070    Expiration of chapter.

14.38.010 Legislative intent.

It is the intent of the growth management system (GMS) to enable the city of Half Moon Bay to act cautiously in proceeding with residential growth at a time when remaining sewer capacity is becoming exhausted, and an environmental impact report (EIR) is being prepared on the issue of groundwater as a permanent source for domestic water supply.  Further, the city council intends by this chapter to provide an orderly and fair process for allotting available building permits.  Finally, the GMS helps to assure that residential development remains within the limits established by the Half Moon Bay general plan (GP)/local coastal plan (LCP) and its allocation/phasing policy.  (Ord. 10-89 §1(part), 1989).

14.38.020 Findings.

A GMS is necessary to promote the health, safety, and welfare of the city of Half Moon Bay based on the following findings:

A.    Sewer capacity for Half Moon Bay is rapidly becoming exhausted.  There is limited sewer capacity available for development in Half Moon Bay.

B.    Expansion of the sewer plant is planned, but is not anticipated to be completed before 1992.

C.    There are certain priority land uses, identified in the city’s GP/LCP, for which the city must retain sewer capacity.

D.    Groundwater, through the use of domestic wells, is being used as an interim source of water for residential use.

E.    An EIR is being prepared to enable the city council to make a decision as to whether groundwater can be considered a viable permanent source of domestic water supply.  The groundwater EIR is not expected to be completed before February, 1990, and this may engender additional studies and decisions.

F.    There is continued demand for development.  Half Moon Bay has a limited staff.  A GMS is needed to help control orderly processing of available permits.

G.    The Half Moon Bay GP/LCP, established in 1985, provides for a maximum of two thousand five hundred housing units by 1992, an average of two hundred fifty units per year over the ten-year period from 1982 to 1992.  The allocation/phasing policy of the GP/LCP allows for building permits for priority land uses without limitation and two hundred fifty nonpriority use building permits per year, providing flexibility to modulate growth over time and preventing overburdening of local services while accommodating future residential development and priority use development at a rate consistent with historic trends.  The experience of Half Moon Bay since 1982 has been an average of less than two hundred fifty new dwelling units per year; however, that total has been exceeded in 1989.

H.    Traffic congestion continues to be a problem.  Mitigation measures for Highway 92, and the intersection of Highway 92 with Main Street, are planned and intended for implementation in the near future.

I.    The GMS serves the public health, safety, and welfare by implementing growth parameters.

J.    The GMS will not prevent Half Moon Bay from attaining its regional fair share of housing needs as determined by ABAG because the GMS and the GP/LCP (particularly the housing element) encourage priority coastal uses, low- and moderate-income housing, senior housing, and rental units.  The GP/LCP has been approved by the State Department of Housing and Community Development.  (Ord. 10-89 §1(part), 1989).

14.38.030 Definitions.

A.    “Allocation” means the right granted by the city council to receive a building permit for a nonpriority land use, as defined in the 1985 GP/LCP.

B.    “Application, complete” means a determination made by the public works director that all required information has been submitted, all discretionary approvals have been obtained, building plans have been processed and fees paid, and a building permit is ready for issuance.

C.    “Exemption” means projects not subject to all the provisions of this chapter.  There are two types of exemptions.  First, priority uses identified in the GP/LCP.  Second, senior housing and low- and moderate-income housing, additions to existing buildings, rental units, and projects which have previously received a development agreement.  These exempt projects shall not require an allocation from the annual allocation pool for a building permit.

D.    “GP/LCP” means the general plan/local coastal plan as amended.

E.    “Low- and moderate-income housing” means as defined in the housing element.

F.    “Rental units” means units developed primarily for rental, such as apartments.

G.    “Senior housing” means as defined in the Half Moon Bay housing element of the general plan as elderly housing.

H.    “Unit” means a legal, conforming residence on a legal lot.  A condominium unit qualifies as a dwelling unit.  (Ord. 10-89 §1(part), 1989).

14.38.040 General provisions.

A.    This chapter applies to all nonexempt residential projects of one or more residential dwelling units.  This chapter does not apply to commercial, manufacturing or industrial development.

B.    Building permits for a maximum of one hundred new dwelling units may be issued for nonexempt residential projects per calendar year, commencing January 1, 1990.  No further allocations shall be issued for nonexempt residential units for 1989 where the application for the project was not received by the city prior to September 19, 1989.

C.    One applicant may not apply for building permits for more than fifty units per calendar year for any nonexempt residential development project.  However, such applicants may request reservations for building permits in subsequent years to provide for full build-out of a phased development project.

D.    Units not allocated in one year shall be included or added to the total of units issuable for any subsequent year.

E.    Applications filed prior to September 19, 1989, shall be allowed to be processed and allocations may be made in 1989 in excess of the two hundred fifty limit for applications completed in 1989.  Permits issued in excess of three hundred forty during 1989 shall be subtracted from the permits available in 1990.

F.    An applicant allocated a permit for a unit shall have commenced physical development within six months of an allocation or lose the allocation.

G.    Ten percent of each annual allocation of units, or twenty-five units, whichever is greater, shall be set aside from each year’s allocation to be issued to applicants who have purchased a lot prior to September 19, 1989, and who submit an affidavit, with their application, indicating that they are building a residence for the applicant to occupy as a primary residence for at least one year after completion.  (Ord. 9-90 §2, 1990; Ord. 10-89 §1(part), 1989).

14.38.050 Application procedure.

A.    Applications for an allocation of a building permit(s) may be filed with the director of public works on a form provided by the city of Half Moon Bay.

B.    Once an application has been approved by the director of public works, it shall receive an allocation, unless the maximum number of permits for units have been issued.

C.    Completed applications for which no allocations are available in a given year shall be eligible for allocations in subsequent years on a “first-come, first-served” basis, in order of time of completion.

D.    If applications exceed available allocations in any year, preference shall be given to applications on a “first-come, first-served” basis from the date of submittal.  However, applications not deemed complete within six months from date of submittal shall be eligible for an allotment on an “as available” basis only.

E.    The city council may, for good cause, extend the time for an applicant to complete his application for development for up to an additional six months, provided an applicant must apply for an extension at least thirty days before the expiration of the initial six-month time period.  (Ord. 4-90 §2, 1990; Ord. 10-89 §1(part), 1989).

14.38.060 Review of growth management system.

The growth management system implemented by this chapter shall be reviewed by the city council no less frequently than semi-annually.  (Ord. 10-89 §1(part), 1989).

14.38.070 Expiration of chapter.

This chapter shall be of no further force and effect on the completion of the expansion of the SAM treatment plant and the allocation to the city of Half Moon Bay of additional sewer treatment capacity.  (Ord. 10-89 §1(part), 1989).