§ 16.09

A.

This chapter implements a growth management system that will manage regulating residential development so that it is compatible with the character and service capabilities of the city and other service providers within the city. This chapter implements the growth management amendment to the city charter passed by the voters of the city in the election of November 2, 2004.

B.

This chapter establishes a growth management system to limit the rate of residential growth in the city to a level compatible with the size, financial limitations, resource constraints, and services capabilities of the city and service providers within the city. This chapter also seeks to maintain aesthetic goals of the city. This chapter implements fundamental policies of the general plan including particular provisions of the land use and housing elements of the general plan. The growth management system will assist the city in addressing its responsibility to share in the provision of housing for households of various income levels as determined by the regional housing needs allocation plan prepared by the council of Fresno County governments and approved by the State Department of Housing and Community Development.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

A.

One hundred fifteen (115) new allocations of housing units will become available at the beginning of each calendar year. Allocation is defined as the right to apply for a building permit to construct one single-family residence or one multi-family residential housing unit. The allocations are divided between two (2) categories of housing: multiple-family housing units with thirty-five (35) allocations (less any allocations issued to multi-family small projects as defined in Section 16.09.050 of this chapter) per year (thirty percent (30%)) and single-family housing units, with eighty (80) allocations per year (seventy percent (70%)). Of the eighty (80) allocations per year of single-family housing units, twenty (20) allocations shall be reserved for large lot development on parcels of at least ten thousand (10,000) square feet.

B.

Allocations which are issued pursuant to the provisions of this chapter are issued to the specific residential development project identified and described in the application for allocations. Allocations are not issued to any person or entity. Allocations cannot be assigned, transferred or conveyed to another residential development project.

C.

Except as otherwise set forth in this subsection, if after allocations are awarded, a residential housing project receiving allocations is modified or changed in any way, the allocations awarded to that residential housing project shall automatically terminate and become unused allocations subject to reallocation as provided in Section 16.09.060. The modified or changed residential housing project may apply again for allocations as a new residential housing project. Except that, a residential housing project may file a request with the city, using the applicable city request form, requesting that the issued allocations not terminate but remain with the changed or modified residential housing project. The city council may grant such request only if the city council makes all of the following findings:

1.

Any modification or change in the type (i.e., single-family, multi-family, senior, etc.) of residential housing; or the modification or change in any other aspect of the residential housing project satisfies a specific housing need in the city which was not a housing need in the city at the time the original application for allocations for the residential housing project was initially filed with the city;

2.

Any modification or change in the number of residential housing units; or any modification or other change in any aspect of the residential housing project does not result in a need to increase the allocations initially issued to the residential housing project identified in the original application;

3.

City staff's reevaluation of the modified or changed residential housing project pursuant to the rating and ranking criteria set forth in Section 16.09.070 of this chapter, does not result in a competitive points ranking different from the competitive points ranking received by the residential housing project for its original application for allocations and does not affect the competitive points ranking of any other residential housing project that originally competed for allocations with the residential housing project seeking to retain its awarded allocations;

No land use entitlements identified in this Section 16.09.020 have been approved or issued for the residential housing project prior to its application seeking to retain the awarded allocations.

The provisions of this Section 16.09.020.C. shall not apply to a modification or change to a residential housing project which results in a reduction of the awarded allocations needed to construct the residential housing project.

D.

An application for competitive allocations identified in Section 16.09.060, shall specifically identify the type of residential development (e.g. single family, multi-family, mixed density, etc.) that will be developed should allocations be awarded to the applicant. Based upon the type of residential development identified in the application, the city's community development department shall determine the final land use entitlement approval (e.g. final subdivision map, site plan review approval, planned use development ("PUD") approval, etc.) ("final entitlement") needed by the applicant in order to develop the residential development identified in the application (grading permits, building permits and similar or related permits are not included in the definition of final entitlement). The award of allocations by the city council as provided in Section 16.09.060

shall: (i) specifically identify the final entitlement for the residential development receiving the award of allocations; (ii) state the allocations awarded will automatically expire and be of no further force or effect if the final entitlement for the residential development receiving the award of allocations is not approved by city or other applicable agency by a specified date which date shall be twelve (12) months (or if annexation is required twenty-four (24) months) after the date of award of the allocations by the city council ("entitlement deadline"); and (iii) state the allocations awarded will automatically expire and be of no further force or effect if construction of all off-site improvements (collectively "offsite improvements") for the residential development receiving the award of allocations including, without limitation, installation of utilities and construction and installation of streets is not completed by a specified date which date shall be forty-eight (48) months after the date of award of allocations by the city council ("construction deadline"). No fees paid by an applicant to the city prior to the entitlement deadline or the construction deadline will be reimbursed by the city should the applicant fail to satisfy the requirements of this chapter.

E.

An applicant may request an extension of the entitlement deadline or construction deadline by submitting a written application for such extension on the form required by the city. In order to grant an extension request, the city council must find that the failure of the applicant to obtain approval of the final entitlement on or before the last day of the entitlement deadline or complete construction of all off-site improvements on or before the last day of the construction deadline, was beyond the reasonable control of the applicant. an application for extension of the entitlement deadline or the construction deadline must be filed with the city at least ninety (90) days prior to the expiration of the entitlement deadline or construction deadline, as applicable. An applicant that obtains an extension of the entitlement deadline may not request and extension of the construction deadline.

F.

The city council, may, in its discretion, allow unused allocations (collectively "unused allocations") to be carried over for a period not to exceed three (3) years ("unused allocation period") and allocated as part of a first allocation and/or a second allocation or both (as those terms are defined in Section 16.09.060 of this chapter). Unused allocations are allocations: (i) which were never issued; or (ii) previously issued and expired as provided in this Section 16.09.020. An unused allocation period selected by the city council shall commence on the date the unused allocations were first available for award by the city council pursuant to Section 16.09.060. Unused allocations shall only be issued on the dates identified in Section 16.09.060.D and E.

G.

In order to meet the housing needs of persons who will reside in mobile home parks or multi-family housing developments, an applicant seeking to develop a mobile home park with more than fifteen (15) spaces and/or multi-family housing development with more than fifteen (15) units may request issuance of allocations which would otherwise be issued over a three-year period. The purpose of this three-year allocation is to satisfy the housing needs of persons who wish to reside in mobile homes or multi-family developments, through the development of a project which is larger than would otherwise be allowed with only one year of allocations. An applicant may request a three-year allocation by submitting a written application to the city on the form required by the city. After the award of a three-year allocation as provided in this Section 16.09.020.G., the mobile home park development or the multi-family housing development shall not be modified or changed in any way. Any attempt to modify or change the mobile home park development or the multi-family housing development shall result in the automatic termination of the allocations awarded to the mobile home park development or multi-family housing development and the allocations shall become unused allocations.

(Ord. 2007-06 § 1, 2007: Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

Demand for senior housing in the city exceeds the supply of senior housing within the city. As a result, and in order to address this need for more senior housing, allocations for a senior housing project shall be issued on the basis of one-half of one allocation for each senior housing unit to be constructed. Senior housing is defined as residential housing which requires that at least one person in residence in each dwelling unit be fifty-five (55) years of age or older.

The residential dwelling units must include each of the following elements:

A.

Entryways, walkways, and hallways in the interior common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multi-family housing construction for provision of access to persons using a standard-width wheelchair.

B.

Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.

C.

Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing.

D.

Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.

E.

The development shall be designed to encourage social contact by providing at least some common open space.

F.

Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents.

G.

The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Section 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. If a senior housing project includes the seven (7) elements listed previously in this section and one of the three (3) enhancements listed in subsection G.1. through 3. which follow in this section, allocations for that senior housing project shall be issued on the basis of one-third of one allocation for each senior housing unit to be constructed. If a senior housing project includes the seven (7) elements listed previously in this section and two of the three (3) enhancements listed in subsections G.1. through 3. which follow in this section, allocations for that senior housing project shall be issued on the basis of one-fourth of one allocation for each senior housing unit to be constructed. If a senior housing project includes the seven (7) elements listed previously in this section and all three (3) of the enhancements listed in subsections G.1. through 3. which follow in this section, allocations for that senior housing project shall be issued on the basis of onefifth of one allocation for each senior housing unit to be constructed. Enhancements are:

1.

Development of congregate housing at a density that would meet the medium or high density residential standard in the general plan, at least seven (7) dwelling units per net acre.

2.

Provision of support services that would enable senior citizens who are otherwise able to live independently to remain in their homes for a longer time. Examples of such services are provision of community meals, transportation, laundry services and cleaning services.

3.

Meeting the housing element inclusionary housing goal by making at least fifteen percent (15%) of the housing units affordable to households of low or very low income (less than eighty percent (80%) of the local median income for households of the same size).

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

16.09.040 - Exemption to allocation requirements.

The following types of residential housing may be constructed without the issuance of allocations:

A.

Residential housing units constructed upon parcels that were previously fully developed and which have adequate infrastructure to service the new residential development as determined by the city.

B.

Second housing units added to lots with single-family homes in conformance with the city zoning ordinance and applicable California law.

C.

Residential housing projects which received all required development entitlements prior to enactment of this chapter.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

16.09.050 - Small projects.

New multi-family or single-family residential developments of four (4) or fewer dwelling units ("small projects") will automatically receive allocations and will not be required to participate in the competitive allocation process identified in Section 16.09.060 of this chapter.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

16.09.060 - Competitive allocations.

A.

Allocations for residential projects consisting of five (5) or more dwelling units will compete for allocations in accordance with the process identified in this section. Each calendar year, the maximum number of allocations that can be issued through the competitive process for any one application for development entitlements to construct residential housing units is twenty-five (25) allocations for single-family housing or

multiple-family housing, or thirty-five (35) allocations for mixed-density projects which include at least ten (10) single-family homes and at least ten (10) multiple-family dwelling units.

B.

Applications for competitive allocations must be filed with the planning and development department on or before 4:00 p.m. on September 30 of each calendar year. If September 30 falls on a Saturday, Sunday or holiday when the city offices are closed, the time for filing applications for competitive allocations shall be extended to 4:00 p.m. on the next business day. All applications for allocations for single family residential projects must include a tentative subdivision tract map in a form ready to submit to the city for approval. The development proposals identified in the applications shall be rated and ranked in accordance with the rating and ranking criteria identified in this chapter by planning staff during the month of October and the planning staff shall make its recommendations for competitive allocations to the planning commission.

C.

An application may not identify more than five (5) model homes to be constructed for each group of twentyfive (25) allocations issued. At the election of the applicant, the model homes will or will not be counted as part of the allocations issued to the applicant. If the applicant elects not to include model homes as part of the allocations issued to the applicant, no certificate of occupancy will be issued for the model homes until allocations are issued for the model homes in accordance with the provisions of this chapter.

D.

At its first meeting each November, the planning commission will conduct a public hearing to review staff's rating and ranking recommendations for the competitive allocations and make recommendations to the city council regarding the competitive allocations. At its first regular meeting in December, the city council will consider the recommendations of the planning commission and will issue allocations for the next calendar year ("first allocations").

E.

If all available allocations are not issued by the city council at its December meeting, then at its first meeting in February of the next year, the city council may, in its discretion, authorize staff to conduct a second competitive allocation process ("second allocation"). If a second allocation is authorized by the city council, the application process shall be the same as for the first allocations, except that all applications must be received by the planning and development department by 4:00 p.m. on March 31. If March 31 falls on a Saturday, Sunday or holiday when the city offices are closed, the time for filing applications for second allocations shall be extended to 4:00 p.m. on the next business day. City staff will perform its ranking and rating process during the month of April and a public hearing will be held by the planning commission at its first regular meeting in May to review staff's rating and ranking recommendations for the second allocation and make recommendations to the city council regarding the second allocation. At its first regular meeting in June, the city council will consider the recommendations of the planning commission and determine the number of second allocations to be issued, if any.

F.

If there is only one application for second allocations, the city council may authorize the issuance of all allocations available in the second allocation to the sole applicant, even though the allocations available in the second allocation exceed the maximum annual number of allocations available for issuance under this section of this chapter and even though the sole applicant for the second allocations received first allocations.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

Projects seeking allocations will be rated using a one hundred (100) point scoring system and then ranked. Rating and ranking will be based on information submitted by the applicants in their application materials, backup documentation provided by applicants and other documents and information the city deems relevant to each respective project. Lists of supporting materials likely to be included in a typical application are found at the end of the description of each scoring category. Applicants are encouraged to submit any other materials that are relevant in supporting their applications. The scoring system will be based on the following criteria:

A.

Suitability of Location (Twenty-five (25) Points). The city promotes compact and efficient development. Concentric patterns of growth are preferred. Infill development within the urban limit boundary is encouraged. Leapfrog development and irregular boundaries are discouraged. Islands or corridors of unincorporated territory are to be avoided. Projects will not be considered if the property identified in the application is not sufficiently contiguous to the city limits to allow for a logical and reasonable extension of the city limits as determined by the city. Scoring for this category is as follows:

Documentation may include a map and verbal description.

B.

Inclusionary Housing (Fifteen (15) Points). The adopted housing element of the Kingsburg general plan has an inclusionary housing policy calling for at least fifteen percent (15%) of the housing units provided by each project to be affordable to low-income or very low-income households. If the affordable units are not incorporated into the project, the developer may be able to comply with the policy by assisting the city in providing an equal number of affordable housing units elsewhere in the city by dedicating appropriate land or paying an in-lieu fee. For each percentage point of affordable housing included in or provided for by a project, one scoring system point will be awarded up to a maximum of fifteen (15) points. Documentation must include a detailed written commitment to provide the affordable housing described in the application. It must include calculation of the probable rental or mortgage costs of the housing units in the project proposed; calculation of the housing costs a low-income household can afford (which can be based on eighty percent (80%) of the median household incomes for Fresno County for the current year as provided by the California Department of Housing and Community Development); and an explanation of how any "gap" between the two (2) calculations will be eliminated. The "gap" is the basis for determining an appropriate in-lieu fee, or an appropriate value for land to be dedicated for affordable housing purposes. If third-party subsidies are proposed through use of governmental grant funds or partnership with non-profit affordable housing organizations, the commitment on the part of any third-party entity must be documented in writing.

C.

Meeting Special Needs, Demonstrated Market Demands and Community Objectives (Twenty (20) Points). City's adopted housing element emphasizes the accommodation of special-needs populations. Points will be awarded for projects that provide housing for populations that are underserved or have special needs that are not generally met in other projects. Examples include, without limitation, handicapped-accessible units or housing for senior citizens or large families. Points will be awarded to projects that:

1.

Provide housing for populations that are underserved or have special needs that are not generally met in other projects, such as handicapped- accessible units or housing for senior citizens or large families;

2.

Expand the range of housing choices available in the community by offering configurations, densities and/or price ranges that are not otherwise readily available;

3.

Satisfy demonstrated market demands (e.g., large lots, senior housing); and

4.

Utilize properties that have been bypassed because they are challenging to develop.

Documentation may include descriptions of existing housing inventory and market conditions, demographics, explanations of challenges confronted by the developers, description or drawings of proposed housing features, etc.

D.

Infrastructure and Services (Twenty-five (25) Points). Preference will be given to projects that have the most positive impacts and/or the least negative impacts on infrastructure and services provided by the city and other service entities that operate within or provide services to the city. Scoring shall be based on the following criteria:

1.

Proximity to existing infrastructure systems;

2.

The extent of extension or expansion needed to increase the capacity of existing infrastructure to serve the proposed development and, if appropriate, future development;

3.

The willingness of the developer to enter into a reimbursement agreement if the project involves construction of master-planned facilities and such an agreement is appropriate;

4.

Agreement to construct and install new oversized infrastructure and/or construct and install new infrastructure that extends beyond the developer's project in order to service future growth, with reimbursement to developer pursuant to a reimbursement agreement providing for reimbursement by future development connecting to the oversized and/or extended infrastructure;

5.

Dedication of real property to the city to improve systems and services, including, without limitation, rightsof-way for streets, alleys or green belts, or sites for water wells, lift stations, drainage basins, parks, and schools sites, etc.;

6.

Incorporation of resource conservation features, including, without limitation, active or passive solar systems, water conservation features, drought-tolerant landscaping and energy-efficient appliances.

Documentation of infrastructure considerations and property dedications can take the form of written descriptions and commitments, maps and diagrams. Conservation features can also be documented with industry or manufacturer data and literature.

E.

Architectural Design and Aesthetic Considerations (Fifteen (15) Points). Kingsburg continues to project an image as "the Swedish Village" which gives the city a unique identity. Residential housing should include distinctive design, quality construction and accompanying amenities. Features that will receive points through the scoring system include:

1.

Custom homes or customized features on tract homes that prevent houses in the same development from appearing repetitious;

2.

Fostering of neighborhood character;

3.

Compatibility with neighboring developments (e.g., lot sizes and square footage of homes);

4.

Utilization of alleys for garage access from the rear;

5.

Variable front yard setbacks;

6.

Landscaping of street medians and parkways;

7.

Green belts with pathways for pedestrians, skaters and bicyclists;

8.

Pedestrian-friendly design;

9.

Bicycle lanes in appropriate locations;

10.

Preservation of existing trees;

11.

Open space and recreation facilities.

In addition to written descriptions, diagrams and maps, such documentation as elevations, renderings, floor plans and photographs of similar developments may help to illustrate the proposed project.

In the case of walled and gated communities, aesthetics and amenities that are generally viewed by and available to residents and selected guests exclusively will not be considered in scoring in this architectural design and aesthetic considerations category. Only those features that are visible to the general citizenry outside of the walled and gated community will be evaluated.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

Projects having more residential units than the maximum allocation allowable or available in a single allocation period may be phased. Allocations awarded for phased projects may include allocations awarded for the calendar year and unused allocations for up to two (2) years. Approval of allocations for a phased project shall identify the number of allocations that will be awarded by the city and used by the applicant during each phase of the project. A separate final map is not required for each phase of a residential subdivision project. Phasing requirements, including, without limitation, number of allocations available for use in each phase, numbers of units that can be constructed and timing of construction, will be enforced as conditions of approval of the tentative tract map and final tract map and as provisions of the

subdivision agreement. If a multiple-family residential project includes phasing, phasing requirements including those identified in this section will be enforced through conditions of approval of the site plan or planned unit development and as provisions of the development agreement if one is required by the city. After the award of allocations for a phased project, if phased project is modified or changed in any way the provisions of Section 16.09.020.C. shall apply to such modification or change.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

16.09.090 - Exceptions and changes.

A.

The provisions of Chapter 16.40 of this title shall not apply to this chapter.

B.

The city council shall have the power to increase, decrease, change or reallocate allocations by resolution of the city council.

(Ord. 2006-09 § 1 (part), 2006: Ord. 2005-05 § 2 (part), 2005)

(Ord. No. 2023-001, § 1, 8-16-2023)

Chapter 16.12 - MAPS GENERALLY

Sections:

16.12.010 - Examination and field check.

Pursuant to the provisions of the Subdivision Map Act, the planning director and city engineer shall make such detailed examination of tentative and final subdivision maps and tentative and final parcel maps and such field checks as may be necessary to enable them to make the required certifications and to prepare reports and recommendations thereon to the planning commission and city council.

(Ord. 94-05 § 1 (part), 1994)