HomeMy WebLinkAboutResolution 6990 N.C.S. 06/02/1975 n .. --di n - F,
. /;, No,: 6 9 "0! ,
� esolution N;
MLH : mi 15- 2�9,-7 5' S
Y,, RESOLUTION :REVISING AND ,UPDATING THE
RESIDENTIAL'DEVELOPMENrT CONTROL ,r
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SYSTEM FOR. THE CITY OF PETALUMA • " g
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INTRODUCED ',BY COUNCILIvIAN_.. ....... _..:
Fred V Na t_ t e _ - --• ................................ and
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[J i 11 i am ,A,. l''' e r r;y.., �° J. at.
SECONDED BY COiJNCIhMA,N. - _ ; , ,
...... - ........ -• -• ...... . -. - -- - •• -- _.__ - - - -• - e e C y h
_____ .___ Meeting of 'th . it Council of th
City of ',Petaluma, on the - -• -- •- 2nd_:_....__.__•J, :day;of J,ur• -,1-9....7..5.i
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WHEREAS'',
., by. � Resolu�ti:on. 1 No.. 611 , S ,,. the Council adopted a
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Residential ,Development. Control, Syst',em for he City' of Petaluma; and,
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WHEREAS, certain 'Changes'
chan es: and'modfitcatons, thereto were enacted 1
by Re.solution 639,3: "N.C. S, . d6.te`d Augtis:t 30,, ,1,9`'73, and by ;Resolution No.
6724 N.,C S. dated O`ctobe'r '25, ig74;; ands, .
WH the C:o: 11
° ; �l has reviewed additional proposed, revision's i i
to the Residential Development Control S y tem, which it finds should be ''"
s,
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m „ adopted .iri they form as; p`r,esented; "
' NOW , THEREFORE,. BE IT ,RE'SO1 VED..that. the city of Petal -uma ; adopts.
the .:amended- ..Residential. ;Development. ' Control System for this City in the
form as attached hereto a_nd made a part hereo .
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under the power and authority conferred upon this Council by the' Charter of said City;
I hereby certify that the !foregomgf Resol =ution vas d uly and regularly introduced ',and
• adopted by 'the Council; of the :City of Petaluma on the _ ..... __, g',11.4._.': .
, day : of •••
•• June -••- ... ._. .:- - -• - -- - - - - -- 1 9, 7 5. 2.„ by the following votes
,YES: C Cavranaug;h:, l `
Day, Ha- rberson, Mat ,
A Mtt Perry, and
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Mayor Put'na -m. :
N ' N'o ne . ^r 0 , ' ,
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ABSENT' C'ounei iman 4 ,B,runner .- -
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' A TTEST; - �.
' CityClerk ols:. * �� ,
�AVia Mayor ,
M
FORM CA ;2 .7� . . - _
MSG N O. , .. •
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RESIDENTIAL DEVELOPMENT CONTROL SYSTEM
OF THE CITY OF PETALUMA
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(REVISED‘ MAY OF 1975)
• It is the adopted policy of the City of Petaluma to-establish
control over the quality,,, distribution, and rate of growth of the
City in the interest of: .
Preserving the quality of the community.; •
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. Protecting the green open -space frame of the City;
. Insuring the adequacy of the City facilities and
services within acceptable allocation of City and
• school tax funds;
. Insuring a balance of housing types and values in
the City which will accommodate a variety of
families including families of Moderate .income -
and older families on limited, fixed incomes; •
and
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. Insuring the balanced development of the City east,
north, and west of the central core., -
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These policies. are more completely set forth :in the - Official
Statement of Development° Policy for the City of. Petaluma, adopted
by the City Council,•Resolution No. 570 N.C.S., June -7, 1971. .
The policies of the City are given increasingly specific form
in three documents:
1. The Petaluma General Plan adopted March 5, 1962, and as
subsequently amended from time to time.
2. The Petaiuma•Environmental Design Plans adopted March 27,.
1972. •
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3. The Housing Element of the General. Plan adopted Septem-
• her 5, 1972.
The General Plan establishes long -range general development
policy. The Environmental Design Plan establishes medium -range
and more specific and detailed development policy directed to the
development; period 197.3 -1977. The Housing. Element of the General
Plan defines the 'housing policy goals of the City and establishes
a proposed Residential Development Program;1973 -1977 as set forth .
on page 22a of the Housing. Element.
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It is the purpose "of this Residential Development Control
System to implement th'e policies of the City of Petaluma as re-
corded in the Development Policy Resolution and `the three official
documents referred to above. In order to accomplish this purpose,
the City be able to control the rate, distribution, quality,
and economic level of proposed development on .a year -to -year
basis. To this end the City Council hereby establishes the following
Residential Development Control System for the City of. Petaluma,
which system shall. be in effect from and after its adoption by
resolution' of the City Council until modified or terminated by
resolution of the Council.
I. APPLICABILITY OF THE RESIDENTIAL DEVELOPMENT CONTROL SYSTEM
The provisions of the Residential Development. Control System
shall apply to all residential development in the City of Petaluma
including single - and multi= fam.i'ly' housing and mobile homes, with
the exception of projects not defined as subdivisions`,under the
provisions of the Subdivision .Map Act (i.e., four or less lots),
fourplexes or lesser numbered multiple dwellings on a single exist-
ing lot, single- family residential units on a single existing lot,
and congregate housing projects for elderly people. Congregate
housing shall be defined as those prof ects - with separate living.
facilities but common kitchen. and dining facilities. -
II. ESTABLISHMENT OF RESIDENTIAL DEVELOPMENT EVALUATION BOARD
In order to administer - the system set forth herein, and es-
pecially to make the evaluations set forth in Section V below, a
Residential Development Evaluation Board (hereafter called the
Board) is hereby established, the membership of which shall be
appointed by the City Co;unci.l_ as follows :, . -
2 members from the City Council
2 members from the Planning Commission
3 citizens from either a business or profession E/W /Central
4 members from each of the local school boards:
1 from the Petaluma Elementary School District
1 from the Old Adobe Union School District
- 1 from the Cinnabar' School District.
1 from the St. Vincent School System
6 citizens at large E/W /Central
17 Total Members
It is recommended that 3 of the 9 citizen, members of the .previous
year's Board be selected to provide continuity in the process.
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The Board shall remain in existence until- 30 days after the
allotment recommendations are acted upon by the City Council and
then will disband unless time extension is deemed necessary and
,required by the City Council. The Board wz,Zl make its recommen-
dations to the City Council and will have no relationship with other
boards or committees, with the exception of the membership guide-
lines as put forth above. It will not be Concerned with poy-cy, but
will act only in an advisory capacity.
III. •ESTABLISHMENT OF ANNUAL RESIDENTIAL DEVELOPMENT QUOTAS
The numbers of dwelling units hereinafter to be constructed
each year in the City of Petaluma. for dwelling units ex
empted in accordance with the provisions of Section I above) shall
be established by action of the City Council as follows:
1. The quantitative quotas shall be based on the numbers of
single- family and multi- family units set forth in the
`Residential Development. Program of the Housing Element of
the Petaluma General Plan.
2. The distribution of the quotasin -east, central, and west
Petaluma shall be based on the" Residential Development.
: Program' of the Housing Element of the Petaluma General
Plan.
The annual quota for any housing type and for any section of
the City as set forth in the Housing Element may modified by the
Council to an amount not. greater than 10% more or less than the
respective figure for any given year as set forth in the Residential
Development Program., provided' that the annual quota for the next
succeeding year shall be set higher or lower; as-the case may be, in
order to redress any excess or deficiency and maintain insofar as
possible the balance set forth in the Residential Development Program.
Ian addition to the annual quotas for quantity and distribution
of housing, the Council may require that between 8% and 12% of each
year's total quota shall be low - to- moderate- income housing as set
forth in the Housing Element,
Prior to the submittal date for the ensuing year, the - City
Council shall, by resolution, establish allocation quotas of the
various types of dwelling units, shall direct the Board to adhere to
said quotas for the ensuing year, and shall publish them in appro-
priate ways.
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NOTE: The italic print throughout this policy resolution is for
the purpose of explanation and interpretation of various sections
of the policy statement.
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IV. DEVELOPMENT ALLOTMENT APPLICATION
Beforea developer may submit any residential development
application as defined in Section I herein for approval or may be
issued a ,building permit (except for an individual one - or 'two-
family unit as specified in I, above) he ,shall apply for and be
granted a Development Allotment as set forth herein:
A. Application for an allotment shall be made by the developer
on 'a form provided by the City. ..
B. The application shall be accompanied by the following
documents, or -so many of them as are applicable:
1. Site Utilization Map including:
a. Vicinity Map to show rela'ti to:
Adjacent development,' surrounding• area, and the
City.
b. Site use layout map to show amount of areas and
intensity of use:
Industrial; commercial; residential categories; and
open- space.
The. site use la y map Layout ma is of major importance; the
vicinity map may be shown as a small inset map.
2. Site Development'Plan:
Lot layout to preliminary subdivision map standards;
topography; lot sizes; street alignments; showing
coordination with City street and existing and
proposed: buildings, trees.,: landscaped areas.
3. Preliminary Architectural Plans':
Typical architectural elevations, types, and numbers of
dwelling units.
4. Preliminary Landscape Plans:
General indications of planting.
5. Housing Marketability etabi�lt and Price Distribution:
Expected ranges of :rental amounts or sales prices.
6. Residential Security:
Proposed locks and security devices'an doors and windows.
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7. Development Schedule:
Proposed schedule of development including phasing; if
any, 'and all applicable processes such as environmental
assessment, tentative' and final subdivision maps,pre-
zoning or rezoning, annexation, site design review,
etc.
C. The application_ shall be submitted by the'close of business
on June 30th in order to be considered for development
during the ensuing year commencing May lst.
D. Each application shall be accompanied - by a fee in the
amount of $25 plus $2 per dwelling°un`'it included in the
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application up to a maximum of $100. Such fee shall not be
returnable in the event that no Development Allocation is
awarded.
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It is expected that this fee should reflect the cost in
curred by the Planning staff and the Board. in processing
the applications,. A. minimum fee is necessary because all
proposed developments, no matter .how small, will require a
certain amount of study. The incremental portion of the
• fee should reflect the additional time needed to study
larger deveZopmn't.s'.
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E. No more than, one application shall be accepted for the same
property, provided that this shall not prevent the submis-
sion of ap:plications'for both single - and multi- family
developments on separate portions: of the same property.
V. DEVELOPMENT ALLOCATION EVALUATION •
The Director of Community Development shall review all appli-
cations and determine whether or not they conform to.the Petaluma
General Plan and Environmental Design.Plans.
Applications which do not conform to the-aforementioned plans
shall be rejected by the Director of Community Development, and the
developer shall be given a notice of non- conformity within 10 days
of the submission of his application.
The developer may appeal the decision of the Director of Com-
munity Development to the City Council in writing within 10 days of
his notice of non- conformity. The City Council shall review the
appeal and may, uphold the decision of the Director of Community
Development to reject the application on the; basis of non - conformity
with said plans or determine that the application is in substantial
conformity with said plans.
A. Availability of Public Facilities and Services:
The Board shall examine each application for its relation
to or impact upon local public facilities and services.
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The ;appropriate City, department or outside public agencies
shall provide, recommendations the Board,,and the Board
shall rate each development by assgning 0 to 2 points
on each of the following attributes.:
1. The .ability and capacity of the water system to provide
for the of the proposed development without
system extensions beyond those which the developer will
consent to provide. (Comments from the Petaluma Public
Works Department.)
2. The ability and capacity of the sanitary sewers to
dispose of the `wastes of the proposed development
without system extensions, beyond those which the de-
veloper will consent to_ provide. (Comments from the
Petaluma Public Works Department.)
3. The ability and capacity of the drainage facilities to
adequately., dispose of the surface runoff of the pro-
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posed development without system - extensions beyond
those which the developer wIll consent to provide.
.(Comments from the Sonoma County Water Agency.)
4. The ability. of the Fire Department of the City of
Petaluma to, provide fire protection according to the
established response standards of the City without the
necessity of establishing_a new station or requiring
.addition of mayor equipment to an existing station.
(Comments from•the Petaluma Fire Department.)
5. The capacity .of the appropriate school to absorb the
children expected inhabit a proposed development
without necessitating or adding to double sessions or
other unusual scheduling or classroom overcrowding.
(Comments from the appropriate school districts.)
6. The ability and :capacity of major street linkage to
provide f�r the needs of the proposed development
without substantially altering existing traffic pat -
terns or overloading the existing street system, and
the availability of, other public facilities (such as
parks, playgrounds, etc.) to meet the additional de-
mands for vital public , services without extension of
services beyond those provided by the developer.
(Comments from the appropriate department heads.)
B. Quality of Design and Contribution of Public Welfare and
Amenity:
The Board shall examine each application and shall rate
each development,by the assignment of nb more than the
maximum number of points allowable on each of the following
attributes:
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1. Architectural design quality which may be indicated by
the architectural elevations of the proposed buildings
to be judged-in terms of , architectural style, size,
height, color, etc (15, points..)
2. Site design quality which may be indicated by the site
layout in terms of lotting and orientation of units on
• those lots, etc. (15 points.)
3. Site and architectural design quality which may be
indicated by the 'amount and character of landscaping
and screening. (10 points.) .
4. Site and architectural design quality which may be
indicated by the arrangement of the site for efficiency
of circulation, on and .off -site, traffic safety, pri-
vacy, etc. (2'0 points.)
5. Site and-architectural design quality which may be
indicated by the amount of private safety and security
provided in the design of the individual structures.
(5 points.)
6. The provision of public and /'or private usable open
space and, where applicable, the greenbelt provided for
in the Environmental Design'Plans. (15 points.)
Parks and'open space will be evaluated on the basis of
conformity with City plans, adequacy in relationship to
the Subdivision and Zoning Ordinances and the general
acceptability of the land as usable open space.
7. Provision of foot or bicycle paths, equestrian trails,
or pathways in accordance with adopted. plans. (5
points.)
8. The extent to which the proposed development accom-
plishes an orderly and contiguous extension of existing
development as against "leap. development, as
exemplified by being either within current City limits
or contiguous to urban development within the City
limits. `(15 "points. )
9. The provision of needed•pub,lic facilities such as
critical linkages in the major Street system, school
rooms, or other vital public facilities. (15 points.)
10. The provision of units to meet 'the City's policy goal
of 8% to 12% low and moderate income dwelling units
annually. (15 points.)
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C. After haVing.studied.eaCh application 'in accordance with.
• parts. A and B, in regard to each, of these criteria, or so
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many of them as may be applicable, and having assigned
evaluation points in accordance with their finding as to
• the. value of the oontribution.to.the quality of ardhitec-
ture and site ,design and the several contributions to the
public welfare and amenity made each proposed develop-
ment, the Board shall arrange the deVelbpments in order by
• housing type and by section of the City; from that receiving
the greatest total number of evaltation points under the
"B" Criteria to that receiving the least number.
D. Having evaluated each developmentdn accordance with the
- foregoing Criteria, the Board shall : publish in appropriate
• ways the rating given to each development on each of those
criteria.. The Bbad..shall"then 'Schedule a hearing to be
•held within 15 days of classification of any point assign-
ments made by the Board.
1. Any applicant,May request the Board to reevaluate the
point astignment made on:any or all of the 'criteria.
• 2. Any applicantwhO is dissatisfied with the Board's
reevaluationmaYeuimit written. no tification,'of such •
dissent, wild furnished to the City Council
prior to the awarding of Development Allotments.
• E. Having evaluated each'develOpment and having held a hearing
and made final, deterMinations on all point assignments to
the applicantt, the Board shall present:their list of
evaluations to the City Council for the awarding of Develop-
, ment Allotments.
As 23reviously",stated, all application's must be submitted by
June 30th.' 'FroM" jUna'30th to AUgUSt 15th, the various
public agencies wiLl the appligationa and will pre-
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sent their recOmMendd,tions to the BO or about August
15th. The,Boarwill meet as • as necessary during
the moths of August September, and October to evaluate
all of the 'application, and wl publish the-Cr ratings on
or about Octaber 4' • The. Board will hold their hearing
within 15 days-thereafter„and will present . the points
rankings tO City Council on he first Monday in November.
F. "The City Council shall review tpeattendance record of the
Board members prior to the balotirkg by the Board and may
direct ah2 Board-member who has ,nOtattended at least 5026
of the Meetingt to abstain from voting."
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VI. DEVELOPMENT ,ALLOTMENT AWARDS
A. Having received the recommendations and rankings of the 1
proposed,,deVelopMents from the Board, the City Council
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Shall set a date for hearing apPlicants' appeals. After
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hearing all appeals, the City Council shall, by resolution
Ir'award - Development.Allottents as applied for, ,starting with
those projects redeiving,the,mOsteValatiOn points in each
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housing type category and proceeding in Order down-the list
OVided:
Any applican PPeal the Boars avaluation to the City
Council. 1 The City Council will act On' said appeals and.
•. award Development AllotMents on the Monday: NoVem -
ber or at aflUbsequent Special meeting of the City Council.
1. Development.:PrOgTam" Quota. '
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The number of dwelling units for eadh housing type and
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, for each"section of, the City for Development
Allotments shall be issued shall not exdeed quotas ,
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established by the City Council in 'accordance with
Section Ili 'therein. ' . ,,
2 . Allocation Limitation.
NO SINGLE, DEVELOPMENT .SHALL IN ANY PNE.YBAR BE ISSUED A
• DEVELOPMENT ALLOTMENT FOR pWELLING UNITS IN EXCESS OF A .
NUMBER TO BE ESTABLISHED BY RESOLUTION OF THE CITY
COUNCIL.
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The City Council shall set this ll.mitation at the same
time it establishes quotas types. ,
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3. When developer has applied for a peVelopMent Allot- 1
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ment in the aove".1iMitation or the
• quotas established for each housing 'type, but has
received 'a Iligh evaluatlonpointratin4, the Council
!.. • may, at itsYdisdretion, award. :r than the maximum
Development' Allotment allowableto developer with
the stipulaion that:the excett.units shall be con
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structed duting the' following yearOf program.
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. This will, of course, limit the nuMber qf additional
unitS Inay:b'e approved for that PartiO4.lar -housing
• type in . •the ensuing year.-
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4. Minimum Evaiup.,tion Requirement;:
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The City shall eliminate from consideration any
' - development ,Which has not been assigned a minimum of 9
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points under Section V -A", or:a of 85 points
• Under SectiOn V -B.
' If the hi,gEest ranking development- fOr any housing type
•and section i?. the City does 'hot meet or exceed one or
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both of the minimum evaluation requirements, the City
Council shall make no; Development Allotment for that
Particular .
n) cate�g• o The xumher of units, allowable. for
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that category ; :may then be added to the quota for the
ensuing year.
Because of th.e importance of : meting the criteria in
Section V -A in awarding the Development Allotments the
Council may favor those applican'ts' who have received 'Z2
points on Se.ction. V -A, even. if they have received
slightly lower scor"es•on Section V -B.
5. The City Council may withold an allotment from a high
ranking'. applicantt if that applicant has been awarded
allotments in previous years and has failed to produce
the housing units as proposed,, .or` in-accordance with
the development schedule, and may award the allotment
to the next 'Satisf"actor ap on the rank award
list whose proposal is of th_e.„+same:type and in the same
sector; or the City Council may hold the unused allot-
ment for addition to the ensuing year's quota.
B. The Director of Community Development shall review on a
mentallotmenteto ``therh received develop
monthly application
dory
progress is being made with the processing of the appro-
priate plans with the'Department of Community Development.
Should a developer 'fail to 'comp".ly. with the development
schedule, submitted with his application, or should he fail
to initiate the processing of the appropriate plans, the
Director of ''Community Development 'shall report this failure
to the City Council which, after holding a ,hearing, may by
majority vote rescind all or part of the development allot -
ment and may award the allotment to the next satisfactory
applicant t on the rank; award list whose :proposal is of the
same type and in, the same .sector as the withdrawn allotment;
or the City 'Council may hold the unused allotment for
addition to the ,ensuing year's quota
C. Should a developer fail to carry out fully the development
as detailed in his..application .within 24 months, Any unused
p of his Development Allotm y
ent mabe rescinded in
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thet manner set forth in B' above, unl'e'ss the developer has
shown good faith and has developed at least 25% of his
allotment, or in the case of subdivisions; has added public
improvements (wat sewer, streets, etd.) and amenities
which equal at ,least 25% of the total, development costs,
and can show, that he will conclude development within one
year.
D. If changes in development plans are requited in order to .
meet zoning, subdivision, or any other, applicable regula-
tions, the Director of Community Development shall review
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said changes, and determine
to constitute Whether. or not they are of such
° mine Whether
magnirtude iced development plans and
thus.. require action` 'by the City Council. '
VII. ADDITIONAL REGULATIONS I
A. Annexation or Zoning' Ordinance Amendments
Should any applicant need„ to apply for , an amendment to the
General Plan, ' t °h "e Environmental Design , iplan' or the Zoning
Ordinance in order to provide . for' a proposed development,
such amendments wi1'1`be applied for in the usual manner and
prior to the date for, submitting applications for Develop-
ment. .Allotments. Action on ;such requests will not be taken
prior to, the awarding ,of allocations.,
B
Should the arran,gement of projects ash provided in Section
V -D produce the situation in . which, two. projects have equal
evaluation dint
p scores, ''but only one protect can be per-
mitted within the, quota, the City Council may offer those
applicants a P ro r-ata..share of the number of units available
within the quota, or may dispose of such a tie in any other
manner d eemed equitable by the. City Council.
C. B
for Board onductbo ma,o y iness not in ,•
y y j ri.t vote, make: rules an d regulations
the f its bus' conflict with the
provisions of this resolution,.
D. Board members shall vote individually;.ai
d not as a group,
fore each criterion on.4each - develo.pment,application. The
point ratings in Section V -A and V.B. shall tie determined
as averages°by adding up the points assigned to each criterion
on each development and dividing the total;.by the number of
members voting.
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