Amending CH 21-03 of the Santa Rosa City Code - Growth Management

February 22, 2005


ORDINANCE NO. 3708

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 21-03 OF THE SANTA ROSA CITY CODE – GROWTH MANAGEMENT

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1.  Section 21-03.040 of the Santa Rosa City Code is amended to read as follows:

"Very low income household" means a household with an annual income of not more than 50 percent of the area median income, adjusted for household size, as established from time to time by the U.S. Department of Housing and Urban Development for the Santa Rosa-Petaluma Metropolitan Statistical area.

"Low income household" means a household with an annual income, adjusted for household size, of not more than 80 percent of the median income, as established from time to time by the U.S. Department of Housing and Urban Development for the Santa Rosa-Petaluma Metropolitan Statistical Area, but more than the maximum income permitted of a very low income household of comparable size."

Section 2.  Section 21-03.050 of the Santa Rosa City Code is amended to read as follows:

"Section 21-03.050.  Entitlements

The total number of new entitlements that shall be made available each calendar year for the calendar years 2001 – 2005 shall be 950 each year; for the calendar years 2006 – 2010 shall be 900 each year; for the calendar years 2011 – 2015 shall be 850 per year; and for the calendar years 2016 – 2020 shall be 800 per year."

Section 3.  Subsection B. of Section 21-03.060 of the Santa Rosa City Code is amended to read as follows:

"B.  At the time an application for the approval of a development project is filed with the Department of Community Development, the developer shall request the number of allotments needed for the development in each calendar year over a period of up to five years.  The request shall not exceed the maximum number of allotments that may be issued to a single development project in a year.  The maximum allotment for a single family development is 75 per year.  The maximum allotment for a multifamily development is 200 per year.  Exceptions to the maximum project allotment may be made by the City Council through a Reserve Agreement, as defined in Section 21-03.080, and considered at the time of the development approval."

Section 4.  Section 21-03.080 of the Santa Rosa City Code is amended to read as follows:

"Section 21-03.080.  Reserve Agreements

The City from time to time, as authorized by resolution of the City Council, may enter into reserve agreements with developers of development projects having substantial improvement costs, to reserve allotments in future calendar years in excess of the maximum number of allotments authorized by Section 21-03.060(B)."

Section 5.  Section 21-03.090 is amended to delete Subsection C.

Section 6.  Subsection A. of Section 21-03.092 of the Santa Rosa City Code is amended to read as follows:

A.  The developer of the project which was issued the allotment notifies the Director of Community Development in writing by June 1 of the year in which the allotments are valid that no building permit will be requested under such allotment.  In such a case, the same number of allotments set forth in the written notice can be issued to the project for future calendar years if entitlements are still available in such future years and the total number of allotments for that project in any such year does not exceed the limit established under Section 21-03.060.  The released allotments shall be, to the extent possible, reissued to other development projects which are seeking allotments that year, using a waiting list maintained in the Department of Community Development on a first come first served basis.

Section 7Environmental Determination.  The Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment. 

Section 8Severability.  If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 9Effective Date.  This ordinance shall take effect on the 31st day following its adoption.

IN COUNCIL DULY PASSED AND ADOPTED this 22nd day of February, 2005.

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