A. The Planning Director shall submit an annual report to the City Council at the end of each year to give the status on the level of service standards and guidelines for City services to include water, wastewater, parks, fire, police, drainage, schools, and traffic as set forth in the Sebastopol General Plan. If any of the standards or guidelines are determined to be exceeded, mitigation measures or actions necessary to bring compliance shall be included for City Council review and approval. If the City Council determines that it is not possible within the fiscal resources or regulatory authority of the City to meet the standards or guidelines, then additional allocations for the next calendar year shall be suspended for a period of 60 days to give the City Council time to adopt an urgency ordinance to restrict further dwelling allocation issuance, to remain in effect until the level of service(s) can be improved to meet the standards or guidelines contained in the General Plan.

B. Dwelling allocations shall be limited to 750 dwelling units through 2035, or the remaining wastewater treatment capacity for new residential dwellings as determined by the City Council under the existing contract for services with the City of Santa Rosa, whichever is less. Annual allocations shall be limited to 50 units.

C. Units in senior housing and single room occupancy projects, and units of less than 500 square feet shall count as one-half of a dwelling unit. Community care or health care facilities and homeless shelters shall be counted as zero dwelling units.

D. The following are exempt from the yearly dwelling allocation limitation in subsection B of this section:

Nonreplacement affordable housing dwelling units, and nonreplacement new single-family homes on an existing lot of record as of November 1994 still shall be charged against the total number of allocations that can be issued.

E. No residential building permit for a new dwelling unit shall be issued by the Building Official unless the Planning Director has issued a dwelling allocation under the provisions of this chapter or determined that the proposed dwelling unit is exempt as provided in subsection D of this section.

F. A growth management program allocation availability table shall be updated on an annual basis, or as determined appropriate by the Planning Director or City Council.

G. In December of each year, the Planning Department shall prepare an annual report on the growth management program which shall include the following:

A. The Planning Director shall issue dwelling units in accordance with the limitations given under SMC 17.500.030 and the specific requirements that follow:

B. Category A dwelling allocations consist of dwelling allocations for projects which involve residential dwelling units needing discretionary permits which include, but are not necessarily limited to: conditional use permits, tentative subdivision maps, rezones, design review and/or annexations.

For large projects, the approving authority may impose a condition regarding phasing of allocations, if necessary to maintain reasonable capacity for other projects.

Once a Category A residential project has obtained final discretionary approval, then needed allocations can be issued on a first come, first served basis by the Planning Director for the remaining allocations available that year in accordance with SMC 17.500.030(B). These dwelling allocations are valid until the discretionary approval expires.

If the Planning Director determines that a project eligible for an allocation will exceed the remaining dwelling allocation in the subject calendar year, he or she can grant a partial allocation. Those projects denied allocations in one calendar year will have first priority for issuance of allocations in the following calendar year in order of the earliest date of denial of the full allocation, provided the requirements of SMC 17.500.030 are met.

C. Unused or lapsed allocations may be carried over to the allocation for subsequent years for up to two years, after which they shall return to the base pool of allocations.

D. Once the enabling building permit or discretionary permit has expired or lapsed, said allocations reserved for that project shall be returned to the total dwelling unit allocation for allocation in accordance with SMC 17.500.030.

E. Removed dwelling units shall be added to the total dwelling unit allocation pool once the Building Official has verified removal.

F. Category B allocations for units which are exempt from the annual allocation limits, but which count towards the ultimate limit on dwelling units, shall be accounted for in the annual report provided to the City Council. If there are excess annual allocations available at the end of each calendar year, Category B allocations shall be charged to such excess allocations. Otherwise, Category B allocations shall be charged to the ultimate build-out limitations.

G. Category C projects which will include the annexation of existing residential dwelling units shall be required to pay any established in-lieu fee, or retrofit with low-flow fixtures to eliminate any net wastewater flows from the annexed residential units, in priority order (1) existing public facilities in the City limits or those owned by nonprofit corporations in the City limits, and (2) other residential occupancies in the City limits.

H. Category D projects which will include any residential dwellings subject to out-of-service-area agreements, which units shall be required to pay any established in-lieu fee, or retrofit with low-flow fixtures to eliminate any net wastewater flows from such units, in priority order:

A. The appeal shall be filed with the City within seven days from the date on which the decision was made and issued in written form by the Planning Director.

B. The appeal shall be made in writing and shall specifically describe the decision which is being appealed, each ground which the appellant is relying upon in making the appeal, and the specific action which the appellant wants the City Council to take.

C. A timely filed appeal shall stay all actions resulting from the decision. Any allocation(s) issued under the decision shall be preserved pending the Council’s decision on the appeal; any allocations requested by an appellate which were denied by the decision shall also be preserved (or reserved) pending the Council’s determination of the appeal to the extent that corresponding entitlements are still available for allocation at the time the City Clerk notifies the Planning Director of the filing of the appeal.

D. Upon the filing of an appeal, the City Clerk shall immediately notify the Planning Director, the person making the decision, of the appeal and shall forward a copy of the appeal to each such person.

E. A timely filed appeal shall be heard by the City Council within 30 days of its filing, and the Council shall decide the matter within 24 days of such hearing. (Ord. 1111, 2018)