The city council finds and determines:
(a) 
The city has adopted a comprehensive general plan which calls for refined planning and residential development review so that suburban growth meets the needs of the community and proceeds in a logical, orderly, efficient and environmentally sound manner.
(b) 
The city is located upon and adjacent to prime agricultural land, which is a limited resource of statewide significance.
(c) 
The city derives much of its social and cultural character from its historical development as a "university town" which provides housing and services for a large segment of the student body, faculty and employees of the University of California, Davis campus.
(d) 
Inadequately planned, speculative residential development has sometimes created, and may create or aggravate, the following conditions:
(1) 
Wasteful construction of public facilities on a crisis basis;
(2) 
Overburdened municipal services and utilities;
(3) 
Unavailability of adequate low cost and moderate cost housing to serve the needs of students, the elderly and persons of low and moderate incomes;
(4) 
Premature and inefficient commitment of prime agricultural lands to urbanization;
(5) 
Environmentally detrimental development patterns.
(e) 
There are many persons of low, moderate or fixed incomes who wish to live in the city due to the location of their employment, studies or other connections with the city. Many cannot locate adequate affordable housing within the city. This may have a disproportionate impact upon disadvantaged citizens. The only effective means to prevent such exclusion is the provision of ample low and moderate income housing. Federal housing subsidies may not be available and traditional zoning has been ineffective to provide affordable housing. Thus, only through affordable housing programs is there any likelihood of securing affordable housing.
(f) 
Zoning ordinances alone cannot provide the comprehensive development review procedures which will ensure a high level of environmental protection, sequential orderly development and achievement of other goals set forth in the general plan.
(g) 
The public welfare requires the establishment of a housing development priority program. The city hereby establishes a "rolling" five-year phasing program for development within the city in order to accomplish the following goals:
(1) 
Prevent premature development in the absence of necessary utilities and municipal services;
(2) 
Coordinate city planning and land regulation in a manner consistent with the general plan;
(3) 
Facilitate and implement the realization of general plan goals which cannot be accomplished by zoning alone;
(4) 
Provide significant incentives to developers to include very low, low and moderate income housing in their developments; and
(5) 
Prevent unplanned growth which has no relationship to community needs and capabilities.
(Ord. 1638 § 2)
Affordable housing.
As used in this chapter, the term "affordable housing" means affordable for sale or rental housing as defined in the city's affordable housing program.
Co-housing.
As used in this chapter, the term "co-housing" means a development which is established to provide extensive group living experiences. All co-housing projects shall have a property management company with extensive experience in co-housing projects. Typical features include, but are not limited to:
(1) 
Frequently scheduled congregate meals with every household having cooking responsibility;
(2) 
Open space and common facilities such that need for individual open space and amenities is reduced significantly;
(3) 
Structures for joint purchase of goods and services such as food products and child-care services;
(4) 
Co-housing projects may be ownership or rental type projects.
Developer.
As used in this chapter, the term "developer" means the owner of record of the subject property or his or her agent.
Discretionary reserve units.
As used in this chapter, the term "discretionary reserve units" means up to one hundred fifty units per year which are either:
(1) 
On land specifically zoned for living groups; or
(2) 
Co-housing; or
(3) 
Affordable housing developed for permanent affordability; or
(4) 
Other residential units made eligible for allocation as discretionary reserve units by resolution of the city council.
Fiscal year.
As used in this chapter, the term, "fiscal year" means July 1st to June 30th, inclusive.
New construction.
As used in this chapter, the term "new construction" means construction of new structures. "New construction" does not include residential remodels, condominium conversions or other construction that does not add units to previously existing residential units.
Proposal.
As used in this chapter, the term "proposal" shall include the developer's application and any and all maps, schematic plans, written information and data submitted by the developer in support of his or her application.
Small builder.
As used in this chapter, the term "small builder" means a builder who has been issued twenty-five or fewer single-family residential (attached or detached) building permits for new construction, not including any affordable housing units, in the calendar year prior to issuance of building permits for lots designated as small builder lots. Owner-builders and general contractors shall be considered to be small builders for the purposes of this chapter. For applying the twenty-five lot limit, "small builder" shall include, but not be limited to, the small builder and any construction-related corporations, partnerships, joint ventures and limited liability companies of which the builder is a part, including partners, shareholders and members of these entities.
Small urban parcels.
As used in this chapter, the term "small urban parcels" means development on parcels with all of the following characteristics:
(1) 
Ten or fewer gross acres; and
(2) 
Created prior to January 1, 1989; and
(3) 
Designated for residential land use on the general plan map; and
(4) 
Surrounded or substantially surrounded by nonagricultural development that is consistent with the applicable general plan designation.
(Ord. 1638 § 3; Ord. 1976 § 1)
(a) 
Except for the projects listed below, no building permit shall be issued for any type of new construction unless such construction has been approved in accordance with the standards and procedures provided for by this article.
(b) 
Exceptions. The following types of uses may be processed and approved at any time, in addition to those base units approved pursuant to the five-year phasing plan, if all development conditions are met and required infrastructure is or will be provided:
(1) 
Allocations granted prior to February 14, 1990, under the previous allocation program, provided the original project has not been rezoned. Units granted allocations prior to February 14, 1990, under the previous allocation program are subject to the standard conditions adopted in the corresponding allocation, rather than those of this article. Such conditions are subject to future amendment by the city council;
(2) 
All nonresidential development, unless and until the city council determines that such development should be included in this allocation program;
(3) 
Multifamily rental residential development;
(4) 
All types of development within the core area including, but not limited to, residential development;
(5) 
Small urban parcels;
(6) 
Permanently low and very low income housing units as defined in the city's adopted affordable housing program or affordable housing, as defined in Section 18.05.020(a) of this chapter, developed by nonprofit organizations for permanent affordability;
(7) 
Discretionary reserve units.
(Ord. 1638 § 4)
(a) 
Each fall, the city council shall, by resolution, designate a total number of units to be constructed pursuant to this article for the fifth year following the adoption of such resolution. The city council may also, by resolution, adjust the total number of units designated for the first through fourth years, inclusive, following adoption of such resolution. The city council's determination shall be based upon the following criteria:
(1) 
Policies of the general plan and any applicable specific plan;
(2) 
The number of units approved and actually constructed in prior years;
(3) 
The purposes contained in Section 18.01.010 of this chapter;
(4) 
The residential needs report, which shall be prepared by the city staff and reviewed and approved by the city council;
(5) 
Objectives and projects of the city's adopted redevelopment plan;
(6) 
Completion of the city's existing infrastructure network through construction on small urban parcels;
(7) 
Major infrastructure and public facilities project priorities;
(8) 
A base level of development consistent with the policies of the major projects financing plan of the city;
(9) 
Open space policies of the city;
(10) 
City policies protecting soils for agricultural use;
(11) 
The recommendations of the city planning commission and city council.
(Ord. 1638 § 5)
(a) 
Upon the filing of a written phased allocation application, the planning commission and city council shall consider any phased allocation application for land having a general plan designation and zoning or prezoning appropriate to the development proposal, or which is accompanied by an application for a general plan amendment, rezoning or prezoning.
(b) 
Building permits for the number of units eligible for issuance within a given fiscal year will not be issued prior to July 1st for the following fiscal year.
(c) 
Each application shall include the following information and materials, as well as any other information or materials requested by the community development and sustainability director:
(1) 
A master plan sketch map; and
(2) 
An internal project phasing plan, including the proposed phasing for both single-family and multifamily units approved during the five-year phased allocation plan at the tentative map or final planned development stage of each project approval; and
(3) 
An allocation application fee.
(Ord. 1638 § 6)
Each allocation application shall be reviewed based on the information submitted with the application, any public oral or written communication, and on conformity with the application with standards and criteria including, but not limited to, the following:
(a) 
Adequacy and availability of existing and anticipated city services and facilities;
(b) 
Commitment to sell lots to small builders. A minimum of fifteen percent of the lots shall be sold to small builders. The intent of this requirement is to encourage the development of architecturally diverse neighborhoods, with a mix of housing types, densities, prices and rents and designs in each new development area. The following provisions shall apply:
(1) 
Small builder lots shall be clearly identified on the approved final planned development map for the subdivision,
(2) 
Small builder lots shall be distributed and clustered in such a way as to promote viable neighborhood patterns, both for small builder and production lots. Random pockets of one or two small builder lots would generally not be consistent with this provision. Clustering small builder lots on the same street is more desirable and consistent with the intent of this provision,
(3) 
Lots designated as affordable housing or self-help housing lots shall not be counted as small builder lots, nor shall they be counted in determining the total number of small builder lots pursuant to the fifteen percent requirement,
(4) 
No more than ten percent of the available designated small builder lots within a subdivision shall be sold to any single small builder in any calendar year,
(5) 
The developer shall be responsible for providing updated information to the community development and sustainability department for the purposes of tracking compliance with this requirement,
(6) 
In order to be considered a "small builder" as defined in Section 18.01.020 a builder shall be required to submit appropriate information to the community development and sustainability department demonstrating that the builder satisfies the requirements of this chapter. Such information may be provided on a form developed by the community development and sustainability department. Upon receipt of this information, the community development and sustainability department shall certify builders that satisfy the requirements of this chapter as "small builders." Upon appeal of any interested party, any decision relating to certification by the community development and sustainability department is subject to review by the city manager, planning commission and the city council;
(c) 
The inclusion of affordable housing units;
(d) 
The criteria set forth in the general plan for phased development, including, but not limited to, the following:
(1) 
Contribution to objectives and projects of the city's redevelopment plan,
(2) 
Completion of existing infrastructure network through infill development as defined herein,
(3) 
Contribution to major infrastructure and public facilities project priorities,
(4) 
The minimum number of units required to make the project economically feasible,
(5) 
The contribution of the project to open space,
(6) 
The quality of the soils relative to suitability for agricultural use as determined by the USDA soil conservation service,
(7) 
Fulfillment of prior allocation conditions.
Additional criteria may be established as part of the annual allocation process.
(Ord. 1638 § 7)
(a) 
Upon approval of an allocation, the developer shall construct affordable housing at the rate required by the city's affordable housing program prior to or concurrent with the allocated market rate units to be constructed during each five-year development phase. The construction of affordable units shall not be delayed until project buildout is imminent.
(b) 
If a state mandated density bonus option in exchange for provision of affordable or lower income units is exercised, the number of increased state density bonus units approved may be constructed in addition to the base allocation. The base allocation includes the requirement of inclusionary units mandated by the Davis city council pursuant to the adopted affordable housing program (city density bonus units).
(c) 
It is the policy of the city to permit each project for which an allocation is granted to build out within the general plan period, or some other reasonable period, provided the allocation conditions are met and all necessary planning entitlements and building permits are obtained.
(Ord. 1638 § 8)
(a) 
Staff will review actual development of all projects that have received allocations to determine compliance with unit completion requirements and projections set forth in the allocation approval for each project. The degree to which the affordable housing or other incentives are being met will be examined and taken into account at the time of the annual review. All recipients of allocations shall submit the following information on an annual basis in accordance with a schedule established by the city council:
(1) 
Confirmation of intent and ability to proceed with construction, and compliance with any construction schedule set forth in the allocation;
(2) 
Any request to delay the construction of units from that proposed in any phased allocation year.
(b) 
Staff will analyze and report to the planning commission and city council on the development status of all projects approved pursuant to this article. This report shall include a description of the development of affordable units, and any request for delays in the proposed development. Such report will propose findings regarding any reasons for development delays which appear to be beyond the control of the project developer(s), versus those determined to be within the control of project developer(s). Reasons beyond the control of the developer include, but are not limited to, regional and/or national economic conditions such as prohibitively high interest rates, or a major recession, among other reasons.
(Ord. 1638 § 9)
(a) 
Based on evidence regarding lack of due diligence in developing units or providing affordable housing, or due to the adoption by the city council of an interim ordinance establishing a building moratorium, and upon making appropriate findings, the city may revoke or suspend an allocation of units to an individual project for subsequent years, or modify the conditions of project approval. Failure to comply with any conditions of approval or any development or construction schedule, or the adoption of an interim ordinance as described above, shall be good cause for revocation, suspension or modification of approval. An allocation shall be subject to revocation if a final map on the project has not been recorded within two years of the allocation. Approved units shall be deemed to have been completed for purposes of this section upon the date that a final subdivision or parcel map pertaining to such units has been recorded. Revocation, suspension or modification based upon noncompliance with conditions of approval or any development or construction schedule shall be made by the city council only after conducting a hearing into the causes of such noncompliance and upon ten days' written notice to the developer. The developer and all interested parties shall be entitled to appear and testify as to the reasons for noncompliance with the requirements of the council. Upon revocation of an allocation to an individual project, the city council may reallocate those units to other projects.
(b) 
If an allocation is revoked, suspended or modified, the commitment to permit a project to proceed to buildout within the general plan period or a reasonable period from the first year in which the project received an allocation may be revoked.
(c) 
Any request by a developer for modifications to a unit allocation for a project shall be included in the annual staff report on the construction status of the project's allocated units. Interim modification requests by developers may be considered only when necessitated by economic or financial constraints or other hardship factors as determined by the city council. All such requests shall be made by application to the city planning commission and shall be accompanied by a fee as adopted by the city council by resolution. All such applications shall include information requested by the city, and shall be subject to review by the planning commission and approval by the city council.
(d) 
The approval of units pursuant to the procedures and provisions of this chapter does not constitute a vested right to develop those units.
(Ord. 1638 § 10)
Zoning and development applications for projects subject to allocation but which are not included within a five-year allocation, will be processed, pursuant to city council direction, on the basis of staff workload and general plan and specific plan consistency.
(Ord. 1638 § 11)
The approval of units pursuant to the procedures and provisions of this chapter shall not exempt or affect a developer's obligation to obtain all required zoning, environmental, subdivision and other approvals as are required by statute or ordinance as a prerequisite to application for building permits.
(Ord. 1638 § 12)
Any legal action to challenge any decision, procedure, approval, or denial of the city council pursuant to this article must be filed in a court of competent jurisdiction within thirty days after the act challenged.
(Ord. 1638 § 13)