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HomeMy WebLinkAboutResolutions - No. 2023-41RESOLUTION NO. 2023-41 A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 2022-60; AND ADOPTING AMENDED PROVISIONS TO IMPLEMENT THE CITY OF LODI GROWTH MANAGEMENT PLAN WHEREAS, the Lodi City Council adopted Ordinance No. 1521 on September 20, 1991, thereby establishing the City's Growth Management Plan; and WHEREAS, Ordinance No. 1521 establishes that the City Council will adopt guidance for the implementation of the Growth Management Plan, including procedures and requirements for the approval of Growth Allocations; and WHEREAS, the City Council then adopted Resolutions No. 91-170 and No. 91-171, establishing submittal requirements and procedures for the review of applications for Growth Allocations; and WHEREAS, the City Council on January 20, 2021, made changes to the Growth Allocation process, rescinding Resolutions No. 91-170 and No. 91-171 and adopting Resolution No. 2021-21 in their place; and WHEREAS, the City Council on March 2, 2022, made further changes to the Growth Allocation process, rescinding Resolution No. 2021-21 and adopting Resolution 2022-60 in its place; and WHEREAS, the City staff has prepared additional clarifications to the Growth Allocation process to expressly state how Growth Allocations for annexations can be approved and how to track the allocations and still provide the Council with the ability to comment on proposed developments at an early stage; and WHEREAS, the City Council has now reviewed Resolution No. 2023-41 and has determined it would be beneficial to amend procedures and requirements to achieve these improvements; and WHEREAS, the goals and intent of Ordinance No. 1521 would remain in effect as adopted, without any amendments to the Ordinance or to the rate at which development within the City of Lodi may occur; and WHEREAS, the City's Growth Management Plan was established through Ordinance No. 1521 and no changes to Ordinance No. 1521 are proposed in this action. The proposed amendments would be limited to the procedures for the review of Growth Allocation requests, which would not alter the rate, location, form or intensity of development in the City. As such, it can be seen with certainty that the proposed amendments would not cause a significant effect on the environment and adoption of the proposed amendments is exempt from review under CEQA subject to Section 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: A. The Recitals as stated above are true and incorporated herein by this reference. B. Earlier Resolution Rescinded The City Council hereby repeals and replaces Resolution No. 2022-60 in its entirety. C. Growth Allocations Required 1. Consistent with the provisions of Ordinance No. 1521, the following actions require approval of Growth Allocations prior to residential projects or the residential component(s) of a mixed-use project receiving approval: a. Approval of an Annexation, General Plan Amendment, Rezone, Specific Plan, Planned Unit Development, Master Plan, tentative subdivision map, or similar land use entitlement. b. Approval of a multifamily residential project on a parcel that has not received a Growth Allocation. c. Issuance of building permits. 2. The following are exempt from requirements for Growth Allocations: a. Commercial and industrial projects. b. Senior citizen housing. c. Construction of a new or replacement of a single-family home. d. Reconstruction of any residential unit that was originally constructed with a Growth Allocation. e. Residential project of four (4) units or less, including attached and detached units. f. Accessory Dwelling Units. g. Emergency Housing. D. Development Plan. Applications for Growth Allocations shall include a Development Plan that includes the following, as appropriate for the project, at sufficient detail to provide the City Council with the developer's intent in terms of the type and quality of development: 1. A map showing the following: a. Proposed street system and/or lotting design proposed within the development. b. Areas proposed to be dedicated or reserved for parks, open -space conservation, playgrounds, school sites, public buildings, churches, and other such uses. c. 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 whether they will be removed or retained as part of the project. 3. A land -use plan for the proposed development indicating the proposed land uses, as well as a description of and development standards for each land use designation (including, if desired, reference(s) to the Lodi Zoning Code for development standards, permitted land uses, etc.). 4. A map showing existing uses (including agriculture) inside and within 500 feet of the proposed development. 5. Typical plot plan(s) for residential dwellings for each typical proposed residential lot type. The plot plan(s) shall identify development standards, including setbacks from lot lines 7 for front, side and rear yards. 6. A circulation diagram and standards defining the proposed system of public and private streets within the development, and all other features (on- and off-street bikeways, pedestrian sidewalks, and trails, etc.) related to the movement of vehicles, goods, pedestrians, and bicyclists within the development and to and from adjacent public thoroughfares. The circulation diagram shall also document proposed off-street parking. 7. Elevations and perspective drawings of the front elevations of all proposed structures, including single-family residences and their accessory buildings. Elevations of all sides of proposed non-residential and/or neighborhood serving structures shall be provided. Such drawings need not be the result of final architectural decisions, but shall be reviewed for consistency in the formal design review process. The purpose of such drawings is to indicate height of proposed buildings, the proposed character and level of finish, and the general appearance of the proposed structures to ensure that the entire development will meet the City's expectations for quality design and construction, will have architectural unity, and will be in harmony with the surrounding developments. 8. Engineering data as described in the City of Lodi Public Improvement Design Standards. E. Development Schedule - 1 . chedule. 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. 2. If a Tentative Subdivision Map is not filed one year after Growth Allocations are approved, the City Council may rescind the approved Growth Allocations following a public hearing at which the applicant shall be provided with notice and an opportunity to be heard. This would allow the applicant to explain why the project has been delayed and request an extension of the deadline to file a tentative map. 3. If the City Council determines that a proposed residential development will require multiple years to complete, allocations may be approved for a stated number and type of residential unit for each year of the development schedule. 4. For projects seeking a multi-year allocation, the City may require initial submittal of individual tentative maps for each year's phasing of multi-year allocations F. Processing of Application for Growth Allocations. 1. Application for growth allocations must be accompanied by a Development Plan and an initial submittal of any application(s) which will be required for the proposed development of housing, including: Annexation, General Plan Amendments, Change of Zone, or Tentative Subdivision Map. An application for any required approval shall not be submitted prior to approval of a Growth Allocation. For annexation applications that require the issuance of Growth Allocations, the applicant shall submit all materials described above for review prior to consideration of prezoning of the subject parcel. When the City Council considers such Growth Allocation for a future annexation, any approval shall be conditioned upon completion of the annexation of the project to City within such period of time as shall be specified by the City, and such Growth Allocation approval shall not be effective until annexation of such property to the City has been completed. If annexation is not completed within the time specified or any approved extension thereof, then the approval of such Growth Allocations by the City Council shall be null and void. The total balance of available 3 Growth Allocations will not be affected by the Growth Allocation approval until such time as the subject property is annexed to the city. 3. The City Council shall conduct a public hearing to consider the application for Growth Allocation and shall either approve or deny the request for Growth Allocation. The Council may also provide initial feedback on the Development Plan. 4. A Growth Allocation of units equal to or greater than the number of units proposed in the Final Map must be approved and in place prior to recording of a Final Map. 5. Should the City Council approve a Growth Allocation for fewer units than the number of units requested by the applicant, the applicant shall amend any subsequent applications to conform with the number of units approved by the City Council. 6. All subsequent required approvals, including General Plan amendments, changes of zone, Planned Developments, tentative subdivision maps, and development review, shall be reviewed and approved as provided in the Lodi Zoning Code after the approval of Growth Allocations. G. Carry Over of Growth Allocations. 1. Annual Accrual of New Growth Allocations. On January 1 of each year new Growth Allocations will be created in an amount that will accommodate a 2% increase over the City's previous year population. The number of new Growth Allocations shall be the number of dwellings required to accommodate the increased population based on the average number of persons per household as determined by the State Department of Finance. 2. Unused Growth Allocations. Growth Allocation available in any given year that are not assigned to a development project shall be deemed to be Unused Growth Allocations and shall be available to assign in subsequent years. 3. Allocations Associated with an Annexation. For purposes of calculating Unused Growth Allocations, any Allocations assigned to a property seeking annexation shall be deemed as Unused until such time as the associated annexation is complete and the subject property joins the City, then the Growth Allocation issuance becomes effective. 4. Carry Over Allocations. An Unused Allocation becomes a Carry Over Allocation on January 1 of the year following its original creation. 5. Available Growth Allocations. Available Growth Allocations shall be calculated on January 1 of each year as the sum of newly -created Growth Allocations plus any Carry Over Growth Allocations from previous years. 6. Oldest Allocations Assigned First. In each year, the first allocations assigned to development projects shall be the oldest Carry Over Growth Allocations. Once all Carry Over Growth Allocations have been assigned, the Growth Allocations created in the current year shall be assigned. 7. Automatic Retirement of Carry Over Growth Allocations. Growth Allocations may only be carried over for two subsequent years. If a Carry Over Growth Allocation has not been assigned to a development project within three years of its original creation, then such Growth Allocation shall be automatically retired. 8. Annual Accounting of Growth Allocations. By January 15 of each year, the Community Development Department shall document newly -created Growth Allocations for the 4 current year and Carry Over Growth Allocations from previous years. Any Carry Over Growth Allocations that are determined to be more than three years old are automatically retired. H. Points System/Evaluation Criteria. Consistent with the provisions of Ordinance No. 1521, the following point system/evaluation criteria shall be applied to the review of projects when requested Growth Allocations exceed the number of available Growth Allocations. 1. Agricultural Land Conflicts Score a. Project does not require conversion of vacant agricultural land 10 b. Project is adjacent to agricultural land on one side 7 c. Project is adjacent to agricultural land on two sides 5 d. Project is adjacent to agricultural land on three sides 3 e. Project is surrounded by agricultural land 0 2. On -Site Agricultural Land Buffer a. Project needs no agricultural land mitigation 10 b. Adequate on-site buffer has been provided as a part of site layout for all adjacent agricultural land 7 c. On-site buffer provided as a part of site layout for only part of the project 5 d. No buffer between project and adjacent agricultural land 0 3. General Location A map showing such priority shall be adopted or updated from time to time by the Council, and shall be available for inspection in the office of the City Clerk. a. Project located within Priority Area 1 200 b. Project located within Priority Area 2 100 c. Project located within Priority Area 3 0 4. Relationship to Public Services a. General Location i. Project abuts existing or approved development that has not yet been built on four sides 10 ii. Project abuts existing or approved development that has not yet been built on three sides 7 5 iii. Project abuts existing or approved development that has not yet been built on two sides 5 iv. Project abuts existing or approved development that has not yet been built on one side 3 V. Project is surrounded by undeveloped land 0 b. Wastewater i. Project is located adjacent to existing Master Plan 4 sanitary sewers or mains designed to serve the project 10 ii. Project will extend a Master Plan line within its boundaries 8 iii. Project will extend a Master Plan line outside of its boundaries but within existing right -of way (0 if right- of-way is necessary) 4 iv. Project requires construction of a new lift station for which funds are available in the Sewer Impact Fee Fund 0 T Project requires construction of a new lift station for which funds are not available in the Sewer Impact Fee Fund * Project cannot proceed without provision of funding for construction of the lift station. c. Water i. Project is located adjacent to existing Master Plan water mains or mains designed to serve the project 10 ii, Project will extend Master Plan lines within its boundaries 8 iii. Project will extend Master Plan lines outside its boundaries but within existing right-of-way (0 if outside right-of-way) 4 iv. Project requires construction of a new water well for which funds are available in the Water Impact Fee Fund 0 V_ Project requires construction of new water well for which funds are not available in the Water Impact Fee Fund vi. Project improves the existing system (i.e., eliminates dead -ends, loops master plan lines, provides a well site) +1 to 3 0 * Project cannot proceed without provision of funding for construction of the required well. d. Drainage i. Project is served by an existing drainage basin and Master Plan line or mains designed to serve the project 10 J. Project will extend a Master Plan line or expand an existing basin within its boundaries 8 iii Project will extend a Master Plan line or expand an existing basin outside of its boundaries but within existing rights-of-way (0 points if right-of-way is necessary) 4 iv. Project requires construction of a new basin for which funds are available in the Master Drainage Impact Fee Fund 0 V. Project requires construction of a new basin for which funds are not available in the Master Drainage Impact Fee Fund * Project cannot proceed without provision of funding for construction of the required basin. 5. Promotion of Open Space Points shall be awarded on the basis of the percentage of coverage of the total loss of project area by roof area and paved areas on-site (exclusive of streets and single-family homes). 20% or less 30% or less 40% or less 50% 60% 70% or greater Project owner shall submit an analysis of the percentage of the coverage of surface area. 6. Traffic 10 8 6 4 2 0 a. Project widens or improves an existing facility 10 b. Project will extend Master Plan streets within its boundaries 8 c. Project will extend Master Plan streets outside its boundaries but within existing right-of-way (0 if outside right-of-way) 4 7 d. Project requires roadway improvements for which funds are available in the Street Impact Fee Program 0 e. Project requires roadway improvements for which funds are not available in the Street Impact Fee Program f. Project improves circulation by providing additional access to adjacent development (including non -vehicular access) +1 to 5 * Project cannot proceed without provision of funding for construction of the required road improvement. 7. Housing Low- and Moderate -Income Housing. A point credit will be awarded with the following schedule: 25% or more of units low and moderate 10 20%-24% 8 15%-19% 6 10%-14% 4 5%-9% 2 Less than 5% low and moderate or low and moderate housing proposed 0 8. Site Plan and Project Design --Bonus Points for Multi -Family Projects These criteria shall only apply to multi -family projects. a. Landscaping. (Planning Commission shall evaluate and provide between 10 and 0 points) 0-10 b. Architectural Design. (SPARC Committee shall evaluate and provide between 10 and 0 points) 0-10 9. Schools a. Project is within 1/4 mile of an existing (or proposed) elementary school 10 b. Project is within 1/2 mile of an existing (or proposed) elementary school 5 c. Project is more than 1/2 mile from an existing or proposed elementary school 0 d. Project is within 1/2 mile of an existing (or proposed) middle school. 10 e. Project is within 1 mile of an existing or proposed middle school 5 f. Project is more than 1 mile from an existing or proposed middle school 0 g. Project is within 1 mile of an existing or proposed high school 10 8 h. Project is within 2 miles of an existing or proposed high school 5 10. Fire Protection. (Proximity to fire protection services) a. Within 3 -minute emergency vehicle driving time from the nearest fire station 10 b. Within 4 -minute emergency vehicle driving time from the nearest fire station 5 c. Beyond 4 -minute emergency vehicle driving time from the nearest fire station 0 Dated: February 15, 2023 I hereby certify that Resolution No. 2023-41 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 15, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-41 �