§ 26-02-060. Sonoma County Area No. 6 residential growth management plan.

(a)

Notwithstanding anything contained in the Sonoma County Code to the contrary, no application for a residential subdivision or for a residential building permit in Planning Area No. 6 (as shown in Exhibit A attached to the ordinance codified in this chapter) shall be accepted, processed, issued or approved if such application would be contrary to the restrictions otherwise set forth in this section. A parcel specific delineation of Area No. 6 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.

(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.

(c)

Growth Management Measures for Subdivisions in Planning Area No. 6.

(1)

No major subdivision application (five (5) lots or more) which is proposed to be located outside of the designated urban service area of Graton shall be approved without a condition which limits the number of building permits for new dwelling units on the subject lots to a maximum of four (4) in any single calendar year.

(2)

Each major subdivision application (five (5) lots or more) which is proposed to be located within the designated urban service area of Graton must meet either of the following criteria:

(i)

One hundred percent (100%) of the dwelling units on the lots within the subdivision are proposed, through a development agreement acceptable to the Sonoma County housing authority and county counsel, to be reserved for sale or rent to low, very low or moderate income households subject to the criteria provided in Section 3.1 of the housing element of the general plan; or

(ii)

In perpetuity open space is offered.

(3)

Notwithstanding the limitations of subsection (c) of this section, an application for subdivision which was accepted as complete for filing prior to the time of adoption of the ordinance codified in this chapter may continue to be processed and approved without compliance with subsections (c)(1) and (2) of this section. This exemption for "pipeline" applications may be forfeited at the discretion of the county in the event of the withdrawal or denial or substantial revision of the application.

(4)

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 to process an application in the manner provided in Section 13.5 of Chapter 25, Sonoma County Code.

(d)

Growth Management Measures for Building Permits in Planning Area No. 6.

(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 Planning Area No. 6 unless and until a dwelling unit allotment has been approved, except as provided in subsection (d)(3) of this section.

(2)

No more than the number of dwelling unit allotments shown below may be approved for the specified calendar year in Area No. 6 plus any carryover from the previous year. In the event that this limitation has been reached for any calendar year, additional bonus allotments may be approved for dwelling units which are reserved for sale or rent to low, very low or moderate income households subject to the criteria provided in Section 3.1 of the housing element of the general plan. Such bonus allotments shall be limited to a maximum of ten percent (10%) of the number of allotments available for that year, including carryover.

Calendar Year	Maximum Number of Allotments
1992	46
1993	42 + carryover
1994	38 + carryover
1995	35 + carryover
1996	32 + carryover
1997	29 + carryover
1998	26 + carryover
1999	24 + carryover
2000	22 + carryover
2001	20 + carryover
2002	18 + carryover
2003	16 + carryover
2004	15 + carryover
2005	13 + carryover
Total	376

 

(3)

No more than four (4) dwelling unit allotments may be approved in any single calendar year for the lots created by each major subdivision located outside of the designated urban service area of Graton which is approved after the effective date of the ordinance codified in this chapter.

(4)

Notwithstanding the limitations of subsections (d)(1), (2) and (3) of this section, 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 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;

(iii)

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.

(5)

Dwelling Unit Allotment Approval Process.

(i)

Application for a building permit may be filed and issued at any time for dwelling units not requiring prior approval of a dwelling unit allotment.

(ii)

For dwelling units requiring a dwelling unit allotment:

(A)

Beginning on the first working day each year and continuing through the end of the last working day of each year, or until the maximum number of allotments for that year have been issued, applications may be filed for dwelling unit allotments at the planning department. The application for a dwelling unit allotment shall include:

a.

The processing fee established by the board of supervisors;

b.

Proof of ownership of the subject lot(s).

Applications for bonus allotments shall include a proposed agreement acceptable to county counsel for the required affordable units as provided in subsection (d)(2) of this section.

(B)

Each application 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 for an allotment under the terms of this plan. At such time that 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 for an allotment, the applicant shall be so notified in writing.

(D)

In the event that the planning department determines that an application qualifies for an allotment, 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)

An approved allotment shall be forfeited for failure to apply for the building permit within sixty (60) days of the date of the issuance of the allotment. Application for the building permit shall include payment of plan check fees and submittal of all working drawings and plans typically required as part of the building permit application.

(F)

An approved allotment shall be forfeited for failure to obtain issuance of the building permit and to substantially begin construction within one calendar year of the date of issuance of the allotment.

(G)

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.

(H)

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

(I)

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

(J)

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.)