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HomeMy WebLinkAboutAgenda Report - June 3, 2020 G-01 PHAGENDA ITEM G-l GrrY or Lool Gourucrl GouMuNrcATroN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Public Hearing to Consider Adopting a Resolution Amending the Procedures for Review of Growth Allocation Applications June 3, 2020 Community Development Director RECOMMENDED ACTION Public hearing to consider adopting a resolution amending the procedures for review of Growth Allocation Applications. BAC KGROU ND IN FORMATION Certain provisions of Resolution No. 91-171 related to the scheduling and review of applications for Growth Allocations are either inconsistent with general City practices or are problematic from an applicant's perspective. The City of Lodi established a Growth Management Program (Program) in 1991 with the intent of regulating the character, location, amount and timing of future development. The Program was established through adoption of Ordinance No. 1521 which establishes the basis for the Program, certain policies related to the Program, and a yearly limitation on growth of 2% compounded annually. Subsequent to the adoption of Ordinance No. 1521, the City Council adopted two resolutions that provide operational guidance for issuing Growth Allocations underthe Program. Resolution No.91- 170 established a point system forevaluating Growth Allocation applications. Resolution No 91-171 established detailed procedures for the application requirements and review procedures for Growth Allocations. ln addition to these three foundation actions to establish and implement the Growth Management Program, the City Council has taken various actions to adjust the Program.. Resolution No. 2006-141 (adopted July 19, 2006) made a one-year adjustment to the timing for submittal of Growth Allocation applications.. Ordinance No. 1877 (adopted June 5, 2013) expired unused allocations and suspended the provisions of Resolution No. 91-171 from 2013 through December 31 , 2019. Through these actions, past Councils have on occasion adjusted the Growth Management Program to better align the Program with standard practices of the City and the needs of the development community. Upon sunset of Ordinance No. 1877 on December 31, 2019, the full provisions of scheduling and review procedures established through Resolution No. 91-171 again became effective and certain provisions now in effect are inconsistent with recent City practices and can be challenging for the development community. Proposed amendments to the Growth Management Program and the procedures of the Growth Allocation process are intended to facilitate the review process, but not fundamentally amend the basic purpose and intent of the Growth Management Program. The proposed amendments include revisions to Resolution No. 91-171 (Guidelines, Content and Time Frames), as follows: n APPROVED: r, City Manager Section B. Development Schedule. Current language within this section requires the Growth Allocation to be approved þefore a Tentative Map application can be accepted. The proposed amendment would allow the Planning Commission to review Growth Allocations and Tentative Maps concurrently. The final decision on the Growth Allocation would remain with the City Council. Section C. Processing of Application for Growth Allocation. As currently written, this section establishes specific annual windows during which Growth Allocation applications may be submitted and the timing for the review of such applications. Under current regulations an application for Growth Allocation can only be submitted between July 1 and October 1, with the decision on such application provided no later than September of the following year. FUNDING AVAILABLE a a ln order to provide a more flexible and responsive Program, this section is proposed to be amended as follows:o Allows applications to be accepted at any time with review to begin with application submittal.o Allows Growth Allocation applications to be submitted prior to or concurrent with a Tentative Map application.o Restates that Planning Commission would recommend on the requested Growth Allocation and that the City Council would take final action.o Establishes that if the City Council reduces a Growth Allocation supported by the Planning Commission, the associated Tentative Map must return to the Planning Commission for revision.o Establishes that no Final Map may be recorded without prior City Council approval of a Growth Allocation.o Removes discussion of CEQA review from Growth Allocation procedures. CEQA review will be completed as required consistent with the provisions of CEQA.o Allow applications below 40 units to be approved administratively. The purpose of the proposed revisions is to facilitate and streamline the Growth Allocation process while maintaining the underlying principals of the Growth Management Program. The rigid application window and review procedures of Resolution No. 91-171 do not result in a superior review of Growth Allocations and could easily result in a delay of a year or more in completing entitlement reviews. For residential projects, a delay of this length is costly and problematic, particularly for smaller development projects. The proposed adjustments to the Growth Allocation process would better align with development community needs without compromising the purpose and intent of the City's Growth Management Program. FISCAL IMPACT Not applicable. Not applicable. John R lla Monica Jr Comm Development Di Draft City Council Resolution amending Resolution No. 91-171 City Council Resolution No. 91-171 Attachments: RESOLUTION NO. 91-171 A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING GUIDELINES, CONTENTS, AND TIME FRAMES OF AND FOR DEVELOPMENT PLANS WHEREAS, Ordinance No. 1521, adopted by the City Council on September 18, 1991 provides that a "Development Plan" shall be submitted for all tentative maps, parcel maps and other approvals under the Subdivision Map Act; and WHEREAS, Ordinance No. 1521 further provides that the format and contents of such development plans shall be established by Council resolution; NOW, THEREFORE, BE IT RESOLVED, by the City Council that the following shall apply to Development Plans: A. Development Plan: Contents. A development plan shall include: 1. A map showing any street system and/or lot design proposed within the development. Any area proposed to be dedicated or reserved for parks, open -space conservation, playgrounds, school sites, public buildings, churches and other such uses must be shown. Compliance with this requirement shall not be construed to relieve the applicant from compliance with City and State Subdivision regulations or any other applicable local or state laws. 2. A map showing the location of all trees over nine (9) inches in diameter with an indication of removal or incorporation into project design. 3. If required by the Community Development Department, a map showing the topography (with contour lines at one -foot intervals) shall be provided by the applicant. The map shall indicate the proposed elevations at the project boundaries and adjacent waterways; 4. The applicant shall provide a land -use plan for the proposed development indicating the areas to be used for the various purposes; a land -use map showing existing uses within the development and uses (including agricultural uses) within five hundred feet of the proposed development; 5. A plot plan for each building site or sites, except single-family residents on standard lots in the proposed development or any other portion thereof as required by the Community Development Department. A plot plan shall show the approximate location of all proposed buildings, indicate maximum and minimum distances between buildings and between buildings and property or building site lines; 6. Any or all of the following plans and diagrams may also be required to be included on the plot plan or appended thereto: a) Off-street parking and loading plan. RE591171/TXTA.02J 2- b) A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development and to and from adjacent public thoroughfares. 7. Elevations or perspective drawings of all proposed structures, except single-family residences and their accessory buildings. Such drawings need not be the result of final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of proposed buildings and the general appearance of the proposed structures to the end that the entire development will have architectural unity and be in harmony with the surrounding developments; 8. Engineering data as described in the City of Lodi Public Improvement Design Standards. B. Development Schedule. 1. An application shall be accompanied by a development schedule indicating to the best of the applicant's knowledge the approximate date when construction of the project can be expected to begin, the anticipated rate of development and the completion date. The development schedule, if approved, shall become a part of the development plan and shall be adhered to by the owner or owners of the property and his successors in interest. RES91171/TXTA.02J 3- 2. From time to time the Planning Commission shall compare the actual development accomplished with the approved development schedules. 3. If, in the opinion of the Planning Commission, the owner or owners of property are failing or have failed to meet the approved schedule, the Planning Commission may initiate proceedings to amend or revoke the approval of the development plan. 4. If the Tentative Subdivision Map is not filed one year after approved, the Planning Commission may forfeit the approved allocations to the next project on the list. 5. If the Planning Commission determines that a proposed Development Plan will require multi-year allocation to complete, each year of the development schedule shall be approved for a stated number and type of residential units. 6. Tentative Subdivision Maps will not be accepted until the Planning Commission has approved the Development Plan and Development Schedule and allocated the number of units either on a single -year or multi-year basis. The City may require individual tentative maps for each year's phasing of multi-year allocations. C. Applications for Allocation: Time. 1. The application period for allocation of residential units in the City shall open July 1 and close October 1 of each year. RES91171/TXTA.02J 4- 2. The City shall make a Determination of Completeness by November 1 of the same year. - - 3. An Initial Study under the California Environmental Quality Act shall be completed and a preliminary point score evaluation of the project, utilizing the criteria adopted by Council resolution hereunder, shall be done by the City no later than December 1. 4. On or before the following March 1, a Draft Environmental Impact Report (if required) shall be completed. 5. The period for public review/comment on the Draft Environmental Impact Report shall end April 15 and the final Environmental Impact Report completed by May 1. 6. The Planning Commission and City Council shall thereafter, not later than July 1, conduct all necessary public hearings and reviews of the proposed projects, and shall approve or deny such proposals. 7. Based on such hearings/reviews and by reference to the point system evaluation described in this Chapter, the City Council shall, not later than September 30, allocate approvals of residential units. Thereafter, applicant shall submit a tentative map for a project, utilizing the number of allocated units awarded for each year. Dated: September 4, 1991 RES91171/TXTA.02J 5- I hereby certify that Resolution No. 91-171 was passed and adopted by the Lodi City Council in a regular meeting held September 4, 1991 by the following vote: Ayes: Council Members - Pennino, Pinkerton, Sieglock, Snider and Hinchman (Mayor) Noes: Council Members - None Absent: Council Members - None Alice M. Reimche City Clerk 91-171 RES91171/TXTA.02J 6- Review of Growth Allocation Schedule OVERVIEW In 2013, the City Council suspended the Schedule provisions of Resolution No 91-171 related to the timing for review of Growth Allocations. As of January 1, 2020, the standard review schedule for Growth Allocations of Resolution No. 91-171 again became effective. The current schedule for review of Growth Allocations might be considered an impediment to residential development. City Council COUNCIL DIRECTION Council Options: •Extend the provision of Ordinance No. 1877, thus suspending the schedule for review of Growth Allocations through December 31, 2020. •Take no action and process Growth Allocation requests consistent with the provisions of Resolution No. 91-171. City Council COUNCIL DISCUSSION Council Discussion City Council