The city council hereby finds and determines as follows:
A.
The
Revised Community Growth Management Program ("growth program") is
adopted pursuant to the city's police powers under Article XI, Section
7 of the California Constitution, and is intended to promote the health,
safety and general welfare interests of the residents of the city,
as specifically set forth herein.
B.
The
city council has recently adopted the 2003 General Plan ("general
plan"). As updated, the general plan contains growth management and
other related goals and policies.
C.
This
growth program is consistent with the general plan and has as its
purpose the implementation of the growth management goals, policies
and other policies contained in the general plan.
D.
The
sewer treatment plant expansion for the phase three expansion is scheduled
to be completed in 2004. The phase three expansion is forecasted to
provide capacity for approximately eight years of growth.
E.
The
city council finds it necessary to continue to coordinate phase three
sewer treatment capacity with the number of building permits issued
for residential, commercial, industrial and other development to ensure
that new development does not exceed the amount of available sewer
capacity and to distribute a limited resource equitably. To this end,
the city council shall adopt, by this growth program for phase three,
a sewer allocation system which shall distribute available sewage
treatment capacity between residential, commercial, industrial and
other development.
F.
Further,
while the city has immediate sewage treatment capacity constraints
which must be addressed, the city also has short- and long-term general
plan goals and policies which must be implemented. To this end, the
city must be able to critique and rate development proposals through
a "point rating system" to ensure that those projects which best further
the goals and policies of the general plan may use the sewage treatment
capacity available.
G.
It
is the purpose and intent of this chapter to implement and advance
the goals and policies of the general plan by establishing a mechanism
and approach by which a steady, orderly and balanced rate of annual
residential, commercial, industrial and other development growth in
the city can be achieved and advancing the housing opportunities of
the region in which the city is situated, while balancing that desired
growth and new housing need against the existing and projected public
service, facility and protection needs of the city's residents and
the existing and projected city fiscal, environmental and public service
resources and constraints in an effort to, among other things:
1.
Protect
against premature development in the absence of necessary sewage treatment
capacity in phase three by ensuring that capacity is available and
effectively staged, financed and allocated in a manner which will
protect against the overextension of existing facilities;
2.
Protect
against premature development in the absence of other necessary services,
facilities and protections by ensuring that those services, facilities
and protections provided by the city and/or other service agencies
operating in the city can be properly and effectively staged and financed
in a manner which will protect against the overextension of existing
facilities;
3.
Provide
quality housing opportunities for all economic sectors of the community
and region, and provide incentives to developers to include low- and
moderate-income housing in their developments;
4.
Provide
a balance between residential, commercial, industrial and other development;
5.
Provide
a balance between single and multi-family residential development
in order to implement the residential mix goals and policies of the
general plan; and
6.
Provide
a short- and long-range growth rate commensurate with the city's historical
and projected growth needs.
H.
In
1988, the city council met with and received input from various community
individuals and groups regarding future annual growth rates and determined
that a longer-range average annual residential growth rate of up to
3.9 percent will best serve the needs and desires of the entire community.
The city council, by adopting this growth program, affirms that residential
growth rate for phase three sewer capacity, with some exceptions.
Those exceptions include:
1.
Infill
development as defined as follows:
a.
Residential lots which are legal lots of record, or are part of a
major subdivision with no more than four remaining undeveloped lots
that meet the criteria of subsection (H)(3) of this section;
b.
Residential lots which are created by a minor subdivision and which
minor subdivision as a whole meet all of the criteria of subsection
(H)(1)(c) of this section;
c.
Residential development projects that have no more than four units
and are surrounded on at least three sides by developed property,
one of which may be a street, except in the case of "through lots,"
as defined in Title 166, which shall be surrounded on at least two
sides by developed property, one of which may be a city street; or
d.
A second unit constructed on the same lot as an existing principal
residence.
2.
Affordable
Housing. Any residential unit or project that meets the affordable
housing criteria as defined in this chapter shall be exempt from the
growth cap.
3.
Redistributed
Allocations. Allocations are deemed redistributed when approved in
one year but not used until subsequent years. In the event an allocation
is granted within the 3.9-percent growth cap in any one year, that
allocation shall not be calculated against a future year's 3.9-percent
growth cap, since it will have already been counted toward one year's
cap.
4.
High-Density
Development as Subject of "Catch-Up" Provision Approved by City Council.
In any one year, a single development may exceed the 3.9-percent growth
cap if it is for high-density development and approved by the city
council to exceed the 3.9-percent growth cap for that year. In the
event such a project is approved by the city council, the growth cap
shall then be reduced in the following calendar year so that the combined
residential sewer allocations for the two years does not exceed an
average of 3.9 percent for the two years.
5.
Non-Low-Income
Age-Restricted Senior Housing. Any age-restricted senior housing project,
as defined in this chapter, that enters into a development agreement
with the city shall be entitled to receive a maximum of three hundred
project allocations per year beyond the 3.9-percent growth cap. Such
project allocations shall come from the age-restricted senior housing
category in the land use distribution chart as outlined in this chapter.
I.
The
residential growth cap of 3.9 percent shall apply to the provision
of project allocations in any one calendar year, unless otherwise
provided herein, and not on actual building permits issued. The 3.9
percent shall be calculated in January of each year, multiplying the
total number of housing units in the city of Manteca as of December
31st of the previous year by 3.9 percent, providing the total number
of project allocations available in the following year. This process
provides for an overall average of 3.9 percent residential growth
over the life of the phase three wastewater quality control facility
treatment expansion.
J.
The
general plan and this chapter will not have a substantial adverse
effect on the city's regional fair share (as set forth in the general
plan), and is compatible with state housing goals and regional housing
needs because:
1.
The
annual residential growth rate allowed by this chapter under phase
three sewer allocation, coupled with the growth experience of the
city prior to the adoption of the first growth program, will cumulatively
allow more overall residential development (housing opportunities)
than that contemplated for the city of Manteca;
2.
The
point rating systems to be established pursuant to this chapter will
provide incentives to developers to include low-income housing in
their development proposals. Likewise, the exemption of affordable
housing projects from the 3.9-percent growth cap shall provide additional
incentives for developers to provide such housing;
3.
The
general plan contains goals, policies and implementation programs
for the provision of housing to meet the needs of all income groups
in Manteca.
K.
This growth program presents a reasonable balance and accommodation of the public heath, safety and welfare interests advanced by growth management on the one hand, and the public health, safety and welfare interests advanced by the continued provision of safe, sanitary and affordable regional housing on the other hand, because it advances the interests listed in subsection J of this section.
L.
To the extent this chapter may be determined to reduce the housing opportunities of the region, the findings contained in subsection J of this section as to the public health, safety and welfare interests promoted by the adoption of this chapter, particularly the interests in assuming that adequate sewage capacity is available, are found to justify any such reduction in the housing opportunities of the region.
M.
In
order to implement the goals and policies of the general plan and
to accomplish the above findings and determinations, which are consistent
with those general plan goals and policies, the city must be able
to control the rate, distribution and economic level of proposed development
on both a year-to-year and long-term basis. To this end, this chapter
shall be in effect from and after its effective date through the date
that phase three sewage capacities will have been depleted and new
sewage capacities will be available.
(Ord. 1251 § 1, 2004; Ord. 1316 §§ 2, 3, 2005)
The purpose of this chapter is to implement the goals and policies
of the general plan. Those goals and policies contemplate, without
limitation, any ordinance and other necessary city acts and regulations
which provide a mechanism to control the rate, quality, distribution
and, where necessary, economic level of proposed residential, commercial,
industrial and other development in the city.
(Ord. 1251 § 1, 2004)
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.
is as defined by Section 18.04.140(A).
means any single housing unit that is affordable to low-
and very-low income residents as defined by the applicable California
Health and Safety Code regulations or a larger residential project
that provides a mixture of housing where a minimum of seventy-five
percent of the total number of housing units within the project meets
the definition of affordable housing. A phasing schedule for development
of the project must be approved by the city council and unless the
redevelopment agency or other public funds are invested for development
of the unit or project, the specific affordability provisions and
terms for length of affordability requirements must also be approved
by the city council.
means any residential project that complies with Section
51.3 of the California Civil Code.
means the total number of project allocations that are granted
for which building permits may be issued in a specified two-year period.
is as defined by the Uniform Building Code.
means the final city approval before construction may begin.
This is usually the permit issued by the building division of the
city. In the case of mobile home parks requiring no other entitlement
from the city, it means the use permit for the park.
means the city of Manteca.
means the city council of the city of Manteca.
means the city of Manteca city manager or his or her designated
representative.
is as defined by Section 18.04.080(A).
means the considerations and measures used for reviewing
the features of a proposed project. Such criteria shall be incorporated
into a "project rating system" to be adopted by city council resolution.
The project rating system shall be used by the director to determine
point ratings to be assigned to proposed development projects requesting
project allocations.
means the city of Manteca community development department.
means a person, partnership, corporation or other business
entity who proposes to engage in development.
means the uses to which the land is put, including without
limitation, subdivisions pursuant to the Subdivision Map Act (Government
Code Section 66410 et seq.) and any other division of land (except
by a public agency), the buildings to be constructed on it and all
alterations of the land and construction incident thereto.
means the whole of any single-use or multiple-use development
containing one or more of the following uses: residential, commercial,
office, industrial, public and quasi-public or other use requiring
sewage treatment capacity. The construction of more than one residential
unit at a time within an area approved as a single subdivision or
site plan application shall be considered one project, whether or
not separate building permits are to be issued for each structure.
The independent construction of one or more single units which are
coincidentally within the same subdivision shall each be considered
a separate project.
means the city of Manteca community development director
or his or her designated representative.
is as defined by Section 18.04.010(H)(1).
means the recommendation by the director regarding the total
number of points achieved by a development project (seeking project
allocations) when rated by such director pursuant to the project rating
system.
means any residential unit that provides housing that is
affordable to low- and very-low income residents as defined by the
applicable California Health and Safety Code regulations.
means the time when a nonresidential project allocation is
valid for use, commencing on the date of the last discretionary approval,
and expiring either on the date a building permit is issued or one
year from the commencement date, whichever is earlier.
of the wastewater quality control facility (WQCF) means the
project that increases the treatment capacity from 6.95 MGD (million
gallons per day) to approximately 9.87 MGD and that improves effluent
quality from secondary effluent to tertiary effluent. The major facilities
of the phase three expansion include an influent pump station, sedimentation
basins, aeration basins, clarifiers, digester, laboratory, sludge
dewatering system, effluent equalization pond, ultraviolet (UV) light
disinfection system and tertiary filters.
means that fee that is required to submit an application for point rating for any development project, as further defined by Section 18.04.100.
means that portion of the annual allocation awarded to a
specific development project pursuant to this chapter.
means that fee that is required to secure project allocations once a development project has received a sufficient number of points through the point rating process, as further defined by Section 18.04.110(B).
means that system composed of a number of general and specific criteria used for assigning and determining initial point ratings and minimum point ratings to a specific proposed development project requesting project allocations. The project rating system shall be established by city council resolution and is further explained in Section 18.04.090 et seq., of this chapter.
means the time when a residential project allocation is valid
for use, commencing on the date of the last discretionary approval
and expiring either on the date a building permit is issued or three
years from the commencement date, whichever is earlier.
means an inhabitable unit with its own kitchen.
means the minimum qualifying point total which can be achieved
by a development project (seeking project allocation) under the project
rating system to be eligible for project allocation award.
(Ord. 1251 § 1, 2004; Ord. 1316 §4, 2005; Ord. 1347 § 2, 2007)
A.
This
chapter applies to all development project(s) within the city and
those development projects outside the city seeking sewer capacity
that the city council, by special agreement ratified by a city council
resolution securing an approving vote of the majority of the entire
city council, determines appropriate, except as otherwise provided
in this chapter. No development project building permits shall be
issued by the city unless and until a project allocation has been
obtained by the development project in accordance with this chapter,
except as otherwise provided in this chapter.
B.
The
provisions of this chapter shall not apply to the following:
1.
Development
project(s) which solely relate to the replacing of, remodeling of,
conversion of or adding to an existing building or structure recently
destroyed, provided that no additional sewer (i.e., need in excess
of the prior sewer need) is created. To the extent that any additional
sewer capacity is needed or deemed needed, the development project
shall be subject to this chapter.
2.
Development
project(s) which solely relate to the division of land and not to
the construction of any building(s) or structure(s) or the commencement
of any use(s) which will result in the need for any sewage treatment
capacity. To the extent that such a development project will create
a need for any sewage treatment capacity, it shall be subject to this
chapter. Subsequent development project applications (e.g., building
permits, use permits) seeking to construct any building(s) or structure(s)
or to commence any use(s) on that previously subdivided land shall
be subject to this chapter.
(Ord. 1251 § 1, 2004)
Except as otherwise provided herein, all proposed residential,
commercial, industrial and other development projects in the city
shall first secure a project allocation before a building permit for
such development can be issued. Such project allocation shall not
be granted until a development project has received approval by the
city council of a tentative map, parcel map, site plan, or a development
agreement. The project allocation process shall involve both:
A.
The
sewer allocation system (as set forth in this chapter and in subsequent
city council action) which shall determine the amount of phase three
sewage capacity available to each type of development; and
B.
The
point rating system, to be established by subsequent city council
action, which shall establish a mechanism by which to evaluate specific
development project proposals competing for such available sewage
capacity.
(Ord. 1251 § 1, 2004; Ord. 1347 § 3, 2007)
The phase three sewer allocation system contained herein is
intended to provide a framework within which the director can make
judgments regarding the allocation of available phase three sewer
capacity to development projects. This sewer allocation system is
designed to fairly and equitably allocate available phase three sewer
capacity among competing residential, commercial, industrial and other
development projects based on the goals and policies of the general
plan and this growth program.
(Ord. 1251 § 1, 2004)
It is estimated that the city's portion of the phase three sewer treatment plant expansion which can be considered for allocation is approximately 2.49 million gallons per day of sewer treatment capacity. The charts below exhibit the division of the additional 2.49 million gallons per day that will be available from the phase three expansion (as divided among the different categories of development). The amount, criteria and division of phase three sewer capacity shall be determined by Section 18.04.080.
(Ord. 1251 § 1, 2004)
A.
Consumer
Unit. A "consumer unit" ("CU") means a unit of wastewater discharge
consisting of two hundred fifty gallons per day (GPD) of domestic
strength sewage residential development with three or more bedrooms,
and one hundred seventy-three GPD of domestic strength sewage for
residential development with two or fewer bedrooms or age-restricted
senior housing projects as defined in this chapter.
B.
Dwelling
Unit. A "dwelling unit" ("DU") means a single, low-density residential
dwelling unit that is constructed on a low-density residential lot.
C.
Commercial
Coefficients. In order to calculate the gallons per day (GPD) usage
for commercial development projects, the city shall utilize the Tri-Valley
specific use wastewater coefficients, except in the case where a development
project has had water or sewer records for similar projects in other
locations and can substantiate them to the city. Allocations for residential
units constructed within any commercial zone district shall be through
the high-density residential capacity.
D.
Land
Use Distribution. The following is the distribution of the city's
total share of the phase three sewer treatment plant capacity according
to land use designation:
|
|
Percentage of Available Phase Three Capacity
|
|
|
|
Residential
|
67.6 =
|
42
|
Low/very low density
|
|
|
|
12.6
|
Age-restricted senior housing
|
|
|
|
9
|
Medium/high density
|
|
|
|
3
|
Affordable housing
|
|
|
|
1
|
Infill
|
|
Commercial/Industrial
|
25
|
|
|
|
Schools
|
5
|
|
|
|
Reserve
|
2.4
|
|
|
|
TOTAL
|
100%
|
|
|
(Ord. 1251 § 1, 2004; Ord. 1305 § 2, 2005)
The city council shall immediately establish by resolution a phase three point rating system for development projects seeking project allocations involving phase three sewer capacity. Development projects seeking such project allocations shall be subject to review and rating in accordance with said point rating system, and must meet the threshold determination in order to qualify for award of project allocations. Development projects with approved development agreements, consistent with Government Code Section 65865 et seq. shall be subject to this revised point rating system, but shall be exempt from the competitive evaluation system as provided for in Section 18.04.120.
In addition to projects with approved development agreements
as of the effective date of this chapter, the following residential
projects and their remaining units that do not have sewer allocations
or have been issued building permits as of the date of the adoption
of this chapter shall be exempt from the revised point rating system,
due to the fact these projects have valid, approved final maps, have
approved tentative maps and are in the final review stages with the
city for their respective final maps, and/or are the subject of a
development agreement. These projects shall be first to receive project
allocations up to the amounts listed consistent with this chapter:
|
Bella Vista
|
73 units
|
|
Primavera 1-6
|
143 units
|
|
Villa Tuscany
|
32 units
|
|
Villa Ticino #6
|
12 units
|
|
Jasmine Hollow
|
156 units
|
|
Paseo
|
10 units (low-density)
177 units (high-density)
|
|
Woodward West
|
18 units
|
|
Dutra Farms SW/SE
|
47 units
|
|
Morse Estates
|
22 units
|
|
Hunter's Cove
|
8 units
|
|
Erdman Property
|
24 units
|
|
Gomes Estates
|
15 units
|
|
Primavera #7
|
6 units
|
Said projects shall only be entitled to project allocations
one time and shall not be entitled to receive the same project allocation
in the future if they relinquish their project allocations without
participating in the competitive evaluation process.
(Ord. 1251 § 1, 2004)
The procedures and regulations contained in Sections 18.04.110 through 18.04.170 shall apply to project allocation(s) under phase three sewer capacity unless otherwise indicated.
(Ord. 1251 § 1, 2004)
A.
Subsequent to receiving approval of a residential, industrial or commercial tentative or parcel map, or site plan, and prior to receipt of a building permit(s), the developer of the proposed development project (not exempt from this chapter) shall apply for, and receive award of, project allocation(s) as set forth in this chapter. Residential project applicants shall submit a project allocation application and pay the point rating application fee. Upon completion of participating in the competitive evaluation process outlined in Section 18.04.120 of this chapter and receiving one or more project allocations, and upon expiration of the ten-day appeal period outlined in Section 18.04.190 of this chapter, the developer shall pay the project allocation fee. Such fee shall be paid within thirty days of the city's notice of the results of the competitive point rating system. Such notice shall be provided by first class mail. Failure to pay such fee in a timely manner shall result in relinquishment of project allocations for which the fee is not paid. The developer shall then obtain building permits for the approved project allocations, as further outlined in Section 18.04.140 of this chapter. If building permits are not secured, and an administrative extension is not granted for any of the project allocations, such project allocations shall be forfeited to the city to reallocate according to Section 18.04.150 of this chapter, and the developer shall not be entitled to a refund of the project allocation fee paid for such project allocations. In addition, the forfeited project allocations may be reallocated by the city, and such project allocations shall not be subject to the residential growth cap for the year in which it was reallocated. This section shall apply to forfeited project allocations that had been awarded from either the phase two or phase three expansion of the city's wastewater quality control facility. Nonresidential development projects shall be required to submit a project allocation application and pay the application fee, but shall not be required to participate in the competitive evaluation process outlined in Section 18.04.120 of this chapter.
B.
Any
application for a project allocation shall be made on the forms established
by the department, shall contain that information determined necessary
by the department in order to properly administer this chapter, and
shall be filed with the department. The residential point rating applications
shall be accompanied by a point rating application fee established
by city council resolution.
(Ord. 1251 § 1, 2004; Ord. 1316 § 5, 2005; Ord. 1347 § 4, 2007)
A.
Subject
to other limitations contained herein, in order for a project to compete
for annual allocations, the applicant must properly file its application
within the time limits set by this chapter, and must meet the minimum
threshold determinations as provided for under the point rating system.
B.
Proposed
development projects seeking project allocations shall have their
project allocation applications initially considered and evaluated
by the director. Applicants for project allocations must submit an
application for point rating by the second Friday of each March, to
be considered for project allocations for that respective calendar
year. Applicants for project allocations for affordable housing projects
shall be entitled to submit applications for point rating at any time
in the year, and shall not be limited to the March or October dates.
The director shall review each such project allocation(s) application
and shall assess an initial point rating pursuant to the point rating
system established by city council resolution. Each project shall
be evaluated based on the totality of the proposed project, and not
on the individual phase for which project allocations are being requested
in any one year. For example, a project with several phases shall
be evaluated based on project amenities within the entire project,
and not just the first phase for which project allocations are being
sought. Project amenities can be increased in subsequent years when
participating in the competitive evaluation process, but cannot be
decreased. Allocations shall then be granted by the director, with
the development project receiving the highest number of points receiving
first priority for project allocations. The development project with
the next-highest number of points would receive second priority, and
so on. In the event of a tie in the number of points received through
the initial point rating process, and not enough project allocations
available sufficient to meet the needs of the tying development projects,
the director shall evenly divide the remaining project allocations
by the number of tied development projects, unless the tied development
projects mutually agree to an alternative distribution formula. In
the event that a project allocation application passes the threshold
determination, but no project allocations are left in that year's
annual allocation, the development project must participate in the
competitive evaluation process the following year in order to be considered
for project allocations. In the event that sufficient allocations
are available within the 3.9 percent annual growth cap, additional
applications for project allocations may be submitted for development
projects by the second Friday of each October of that year.
C.
In any year where the number of requests for sewer allocations exceeds the 3.9 percent growth cap, no very-low density, low-density or medium-density development project shall receive more than one hundred residential allocations, except as provided for in Section 18.04.010(H), or as provided for in an approved development agreement.
D.
In
the event a development project does not receive a sufficient number
of points to receive project allocations in any one year, such development
project shall be required to resubmit the point rating application
in subsequent years to be considered for project allocations in those
years, and shall be required to pay a new point rating application
fee upon submittal of the new application.
(Ord. 1251 § 1, 2004; Ord. 1308 § 2, 2005; Ord. 1347 § 5, 2007; Ord. 1510 § 1, 2012)
A.
Each point rating application shall be processed by the department pursuant to the provisions of Section 18.04.110. The point rating application shall be rated by the director within thirty days of the date the point rating application is accepted by the department as complete or deemed complete by opera tion of law. Notwithstanding the above, failure to so act within such thirty days after the application, if accepted as complete or deemed complete, shall not constitute an award of the requested project allocations.
B.
The
overall process for approval of those projects subject to this chapter
is likely, although not mandated, to occur in the following steps:
1.
Application
for the underlying development project entitlements filed by development
project proponent with the department;
2.
Legislative
approvals secured, e.g., general plan, specific plan, zoning;
3.
Environmental
review initiated and determinations on proposed project completed,
e.g., whether to prepare exemption, negative declaration or environmental
impact report;
4.
Administrative
approvals secured, e.g., tentative map;
5.
Competitive
rating or proposed development project pursuant to point rating system
for award of project allocation commenced by the director;
6.
Director
notifies all applicants of the results of the competitive evaluation
system. The ten-day appeal period begins the date the notice is deposited
into United States first class mail;
7.
In
the event no appeals are submitted within ten days, project allocations
are awarded and the director sends notice of availability of project
allocations to eligible developers. Developers then have thirty days
from the date of such notice in which to pay the project allocation
fee;
8.
In
the event one or more appeals are filed within ten days, the director
shall schedule the matter for the next available city council meeting
for a final decision;
9.
Time
limit on the life of a project allocation shall begin on the date
the final notification is sent by the director;
10.
Ministerial approvals secured, e.g., tentative map;
11.
Building permits issued.
(Ord. 1251 § 1, 2004)
A.
Once
a development project has been awarded a project allocation, that
project allocation shall remain in effect unless:
1.
Expiration
of Project Allocations. All development projects receiving a project
allocation permit shall obtain building permits within a total of
thirty-six months of the date of the final award of the project allocation's
permit or any such project allocation shall automatically expire without
notice. Project allocation permits shall be issued at the time of
the last discretionary approval for a development project. Project
allocation of any development project which fails to obtain a building
permit within that twenty-four month period shall expire, unless an
administrative extension is granted by the city manager. Notwithstanding
the provisions of this chapter, the city manager in his or her sole
discretion, upon receipt of an application for an administrative extension
along with payment of an administrative extension application fee
as established by city council resolution, may extend the time for
obtaining building permits set forth in this section on a one-time
basis per project for a period not to exceed ninety days from the
forfeiture date. This extension shall only be available for those
developers who have submitted complete plans at least sixty days prior
to the date on which forfeiture of sewer allocations is due to take
place, and all other documents (including but not limited to final
map approval, applicable bond documents if any, etc.) at least thirty
days prior to the date on which forfeiture of project allocations
is due to take place. For purposes of this section, the term "complete
plans" means plans that are in such a condition, as determined by
the Manteca public works department that either no revisions or only
minor revisions are necessary in order to approve said plans. Once
building permits have been issued, the project allocation(s) shall
be valid for only the life of the building permit and any extension
thereof.
2.
Failure
to Comply. If it is determined that a development project does not
or will not substantially comply with the maps, plans, specifications,
schedules or other conditions or representations upon which the project
allocation or map approval or planning permit was granted in accordance
with state law, any such project allocation shall automatically expire
without notice. In addition, in the event relevant characteristics
of the project change to the extent that the project would have received
fewer points through the point rating system than it originally received,
the project allocation for that project shall be automatically relinquished
to the city. In the event a project allocation is revoked, forfeited
or otherwise no longer in effect, the developer shall not be entitled
to reimbursement of the point rating application fee or the project
allocation fee.
(Ord. 1251 § 1, 2004; Ord. 1347 § 6, 2007)
If any development project with awarded project allocation loses its project allocation pursuant to Section 18.04.140, such project allocation shall be placed back in the overall capacity of the allocation's respective category and distributed in the next allocation period, in accordance with Section 18.04.120.
(Ord. 1251 § 1, 2004)
In order to assure that projects will be built and made available
to occupants as indicated by an applicant when projects are competitively
rated, the city may enter into development agreements (pursuant to
Government Code Section 65864, et seq.) or annexation agreements,
require the posting of bonds or other guarantees, withhold occupancy
permits or other entitlements and/or pursue other land use measures/remedies
provided for in this and other city regulations and in state and federal
law.
(Ord. 1251 § 1, 2004)
All project allocations, when issued, shall run with the land
and are not transferable except with the land, subject to the provisions
of this chapter relating to the revocation/lapse of project allocations,
and the securing of all other necessary approvals.
(Ord. 1251 § 1, 2004)
The procedures and regulations contained in Sections 18.04.190 through 18.04.210 shall apply to project allocation(s) under phase three sewer capacity unless otherwise indicated.
(Ord. 1251 § 1, 2004)
A.
The
project allocation determinations and other determinations and other
determinations of the director, pursuant to this chapter, shall be
appealable by the applicant or by any other interested party to the
city council, provided such appeal is made within ten days following
the date of the challenged determination. No project allocations shall
be available until all appeals are exhausted.
B.
An
appeal shall be filed with the city clerk. The appeal shall state
specifically the alleged error or abuse of discretion by the director
and how his or her decision is not supported by the findings and/or
substantial evidence in the record.
C.
Within
seven working days of the filing of an appeal, the director shall
transmit to the city clerk the project allocation application, the
initial point ratings and decision of the director and all other relevant
material.
D.
The
city clerk shall set the matter for public hearing pursuant to the
following:
1.
The
hearing shall be held in the council chambers of Manteca City Hall
or in such other location as the city council shall direct.
2.
The
hearing before the city council shall be held not less than fourteen
nor more than twenty-five days following receipt by the city clerk
of the appeal application.
3.
A
hearing before the city council shall be noticed by mailing notices
to all property owners within three hundred feet of the boundaries
of the property in question, as these property owners are listed on
the last equalized assessment role of the county assessor. Such notices
shall be mailed out not less than eleven days prior to the date of
the hearing.
E.
The
city council may affirm, reverse or modify a decision of the director,
provided that the city council acts on the basis of the record of
the director's action (i.e., the record transmitted by the director
pursuant to subdivision C above) and such additional evidence received
by the city council at its public hearing. The city council shall
make written findings supporting its determination regarding the appeal
and the point rating score and shall have substantial evidence in
the record supporting each of its findings. The city council's decision
on the appeal shall become effective immediately and shall be final.
(Ord. 1251 § 1, 2004)
In any action or proceeding to attack, review, set aside, void
or annul a finding, determination or decision of the city council,
director and/or any other city agency or employee made pursuant to
this chapter at a properly noticed public hearing, the issues raised
shall be limited to those raised in the public hearing or in written
correspondence delivered to the city prior to or at the public hearing,
except as otherwise provided by law. There shall be included in any
public notice issued pursuant to this chapter a notice substantially
stating the following:
If you challenge the (nature of proposed action) in court, you
may be limited to raising only those issues you or someone else raised
at the public hearing described in this notice or in written correspondence
delivered to the (city body conducting the hearing) at or prior to
the public hearing.
(Ord. 1251 § 1, 2004)
No action or proceeding described in Section 18.04.200 that is brought pursuant to Section 1094.5 of the California Code of Civil Procedure shall be maintained unless said action of proceeding is commenced and service is made on the applicable city body and/or employee within ninety days after the challenged action. Section 1094.6 of the California Code of Civil procedure is hereby made applicable to such actions.
(Ord. 1251 § 1, 2004)
The granting of a project allocation pursuant to the procedures
and provisions of this chapter and subsequent city council and/or
growth management committee action shall not exempt nor affect the
developer's obligation to obtain all required general plan, specific
plan, zoning, environmental, subdivision and/or other land use approvals
as are required by statute and/or local ordinance, resolution or other
policy and/or regulation as a prerequisite to the application for
and receipt of building permits and payment of all other required
fees.
(Ord. 1251 § 1, 2004)
