§ 26-02-050. Sonoma Valley residential growth management plan.

(a)

Notwithstanding anything contained in the Sonoma County Code to the contrary, no application for a residential building permit in Planning Area No. 9 shall be accepted, processed, issued or approved if such application would be contrary to the restrictions otherwise set forth in this section.

(b)

Each year, the board of supervisors shall receive from the planning department a report on the effectiveness of this growth management plan. The plan may be revised at the discretion of the board, or may be lifted at such a time that the board determines that residential development in the subject area is substantially in conformance with general plan projections. The board may, from time to time, request a review of the report by a committee comprised of representatives of the city, the county, representatives of public service districts, and the concerned public who reside in Planning Area No. 9.

(c)

Growth Management Measures for Planning Area No. 9.

(1)

No new application for a building permit or fees therefor for a new dwelling unit may be accepted, processed or issued by the county for property within the Sonoma Valley planning area (Area No. 9 as shown in Exhibit A attached to the ordinance codified in this chapter) unless and until a dwelling unit allotment has been approved except as provided in subsection (c)(4) of this section. A parcel specific delineation of Area No. 9 may be found on the large land use map adopted by the board of supervisors on March 23, 1989 in connection with the adoption of the general plan. Copies of such maps are available for public inspection at the planning department offices.

(2)

No more than sixty (60) dwelling unit allotments may be approved (plus any carryover from the previous year) for any calendar year in that portion of Area No. 9 which lies within the county general plan "Urban Service Area" as shown on the general plan land use map.

(3)

No more than thirty (30) dwelling unit allotments may be approved (plus any carryover from the previous year) for any calendar year in that portion of Area No. 9 which lies outside of the county general plan "Urban Service Area" as shown on the general plan land use map.

(4)

Category 1 Units. An application for a building permit for a new dwelling unit may be accepted, processed and issued for the following units without prior approval of a dwelling unit allotment.

(i)

Reconstruction, repair, remodeling and additions to of existing legal dwellings;

(ii)

Farmworker housing and agricultural employee dwelling units on property which is zoned LIA, LEA or DA, and subject to the provisions of the zoning ordinance;

(ii)

Homeless shelters;

(iv)

Residential community care facilities as defined in and permitted by the zoning ordinance;

(v)

Second dwelling units as provided in the zoning ordinance;

(vi)

Dwelling units for which a building or septic permit application has been accepted by the county as complete for filing including payment of all application fees prior to the time of adoption of the ordinance codified in this chapter. This exemption for "pipeline" applications may be forfeited at the discretion of the county in the event of the withdrawal, denial or substantial revision of the application, or in the event of expiration of the permit for failure to substantially begin construction.

(Ord. No. 4643, 1993.)

(5)

Category 2 Units. The following dwelling units shall require approval of a dwelling unit allotment prior to acceptance and processing of an application for a building permit, but may request and receive an allotment for a future year as provided in subsection (c)(5)(vii) of this section. Upon receipt of an allotment and issuance of a building permit, these units may be constructed in any year up to and including the year of the allotment.

(i)

One (1) dwelling unit on a single lot. Once a lot owner has been granted an allotment for this type of Category 2 unit, no other allotments of this type may be approved for that owner, unless the allotment is forfeited as provided in subsection (7)(ii)(F) of this section;

(ii)

Projects (multilot owners) of two (2) or more units which include a minimum number of low or very low income units equal to forty-four percent (44%) of the total number of units in the project; provided, that fractions of units shall be dropped to the next whole number. (Example: A six (6) unit project would require 2.64 affordable units (.44 x 6 = 2.64). After dropping the fraction, the affordable unit requirement becomes two (2) units.) The following criteria shall also apply to these units:

(A)

The low and very low income dwelling units must be constructed prior to or concurrently with the other units,

(B)

The low and very low income dwelling units may be constructed as part of the project or off site on land owned by the developer either within the city or the unincorporated portion of Area No. 9, at a density which is consistent with the applicable general plan,

(C)

The low and very low income dwelling units shall meet the income criteria of the Sonoma County housing authority and shall include an agreement signed by the housing authority to restrict the rent to such criteria for a period of at least thirty (30) years, and/or the sale and resale to such criteria for a period of at least fifty (50) years,

(D)

Bonus dwelling unit allotments may be approved for these projects when the number of low and very low income units constructed exceeds the minimum number necessary to meet the criteria of subsection (c)(5)(ii) of this section. The number of bonus allotments shall be determined by dividing .44 into the number of extra low and very low income units constructed (drop the fraction as above). However, none of these bonus allotments shall be transferable and none shall be approved unless assigned to a specific lot owned by the developer.

For example, a project of ten (10) units would require a minimum of four (4) low or very low income units to qualify as a Category 2 project. If the developer provided six (6) instead of four (4) such units, he or she would qualify for four (4) bonus allotments (2÷.44 = 4.54 = 4); provided, that the bonus allotments were assigned to specific lots owned by the developer;

(iii)

Projects (multilot owners) of two (2) or more dwelling units constructed as part of a mixed commercial/residential project in which all of the dwelling units are affordable to low or very low income households, and which meet the criteria of subsection (c)(5)(ii)(A) through (D) of this section.

(6)

Category 3 Units. Projects (multilot owners) of two (2) or more dwelling units which do not include low or very low income dwelling units may be issued an allotment only in the calendar year in which application is made and may be issued a building permit only in the year for which an allotment is approved.

The number of allotments approved for these units shall not exceed eighteen (18) per calendar year in that portion of Area No. 9 which lies within the County general plan Urban Service Area as shown on the general plan land use map, and shall not exceed nine (9) per calendar year in that portion of Area No. 9 which lies outside of the Urban Service Area. The number of allotments available for this category of units may be less than the maximum of eighteen (18) and nine (9), respectively, if available allotments were previously allocated to Category 2 units.

(7)

Allotment Approval Process.

(i)

Category 1 Units. No allotment is required. Application for a building permit may be filed and issued at any time.

(ii)

Category 2 units.

(A)

Beginning January 2, 1992, applications may be filed for dwelling unit allotments at the planning department. The application shall include a processing fee of twelve dollars ($12.00) for each proposed unit, proof of ownership of the subject lot(s), and evidence that the subject lot(s) is a legal lot(s) of record.

(B)

Applications shall be dated and numbered in sequence on a first-come, first-served basis and reviewed by the planning department in order to determine whether or not it qualifies as a Category 2 unit.

(C)

In the event that the planning department determines that an application does not qualify as a Category 2 unit, the applicant shall be so notified in writing.

(D)

In the event that the planning department determines that an application qualifies as a Category 2 unit, the applicant shall be so notified and an allotment shall be assigned from those available on the allotment list. The allotment shall then be issued as provided herein.

(E)

Allotments for Category 2 units within the general plan Urban Service Area may be approved for any of the available sixty (60) slots on the allotment list for the chosen year on a first-come, first-served basis. Allotments for Category 2 units outside of the general plan Urban Service Area may be approved for any of the available thirty (30) slots on the allotment list for the chosen year on a first-come, first-served basis. Future year allotments shall only be available in three increments: calendar years 1992 - 1994, 1995 - 1999, and 2000 - 2004. No allotments shall be approved for any subsequent increment until all of the available allotments have been approved for the prior increment. Separate allotment lists shall be maintained for the "Urban" and "Rural" areas.

(F)

Building permit applications for Category 2 units which are filed in the chosen year shall be filed between January 1st and June 30th of that year. The allotment shall be forfeited under any of the following circumstances:

a.

Failure to file a building permit application by June 30th of the calendar year assigned to the allotment;

b.

Failure to be issued a building permit by December 1st of the calendar year assigned to the allotment;

c.

Failure to substantially begin construction within one (1) year of the date of issuance of the building permit;

d.

Failure to receive notice of the allotment shall not excuse the failure to secure a building permit and begin construction. Property owners not receiving a notice shall have the duty to make a written inquiry of the planning department regarding their application.

(iii)

Category 3 Units.

(A)

Beginning January 1st of each calendar year, applications may be filed for Category 3 dwelling unit allotments for that calendar year at the planning department. The application shall include a processing fee of twelve dollars ($12.00) for each proposed unit, proof of ownership of the subject lots, and evidence that the subject lots are legal lots of record.

(B)

Applications shall be dated and numbered in sequence on a first-come, first-served basis and reviewed by the planning department in order to determine whether it qualifies as a Category 3 unit. At such time as no remaining allotments are available for that calendar year, no further applications shall be accepted.

(C)

In the event that the planning department determines that an application does not qualify as a Category 3 unit, the applicant shall be so notified in writing.

(D)

In the event that the planning department determines that an application qualifies as a Category 3 unit, the applicant shall be so notified of the approved allotment.

(E)

Building permit applications for Category 3 units shall be filed between January 1st and June 30th of the year that the allotment is approved. The allotment shall be forfeited under any of the following circumstances:

a.

Failure to file a building permit application by June 30th of the calendar year of the granting of the allotment;

b.

Failure to be issued a building permit for the unit by December 1st of the calendar year of the granting of the allotment;

c.

Failure to substantially begin construction within one (1) year of the date of issuance of the building permit;

d.

Failure to receive notice of the allotment shall not excuse the failure to secure a building permit and begin construction. Property owners not receiving a notice shall have the duty to make a written inquiry of the planning department regarding their application.

(8)

Available allotments which are not approved or allotments which have been forfeited shall be carried over to the next year.

(9)

Allotments for units outside of the general plan Urban Service Area shall not be approved for more than one (1) unit per legal lot.

(10)

Allotments for units inside of the general plan Urban Service Area may be approved for more than one (1) unit per lot provided that all discretionary enTitlements for such units have been approved prior to application for the allotment(s).

(11)

Allotments are granted for a specified parcel and are not transferable to another parcel.

(12)

The provisions of this section shall not be applied in a manner which would affect an unconstitutional taking of real property. A property owner alleging such a taking may appeal the refusal to accept or process an application in the manner provided in the appeal procedures set forth in this chapter.

(Ord. No. 4643, 1993; Ord. No. 4527.)