Lodi Municipal Code Ch. 15.34 Growth Management Plan for Residential Development

The purpose of this chapter is to state clearly the various policies which shall govern the future growth and development of the city. It is further the purpose of this chapter to provide a growth management system to regulate the character, location, amount and timing of future development so as to achieve the policies stated in the Lodi General Plan. It is further the purpose of this chapter to provide for increased housing opportunities for all segments of society and to promote and protect the public health, safety and welfare by regulating the future use and development of land in the city.

(Ord. 1521 § 1 (part), 1991)

The city council, pursuant to Government Code Section 65863.6, finds and determines as follows:

A. San Joaquin County is one of the most rapidly growing areas in the state of California and the United States. Projections indicate such growth is likely to continue.

B. Experience has shown that rapid growth which occurs in the absence of a growth management plan produces negative impacts upon housing, traffic, parks, air quality, water, aesthetics, and the general quality of life of city residents.

C. The growth projections and policies established by this chapter reflect the estimated planned capacity of the city to serve new growth as it occurs. In doing so, the council has studied the existing and projected capacity of the city's wastewater and water systems, ability of city streets to handle further traffic, levels of police and fire protection, the necessity of providing schools, and other related data.

D. Rapid uncontrolled growth is also a direct cause of serious adverse environmental and economic effects, some of which are:

1. Loss of significant agricultural lands, including prime agricultural lands;

2. The ability of the community to provide adequate and decent housing for its citizens.

(Ord. 1521 § 1 (part), 1991)

The city council determines that in order to minimize or eliminate the problems described above, and to assure the public health, safety and welfare, the following policies shall guide the future growth and development of the city.

A. It shall be the policy of the city to ensure that prime agricultural land is preserved by discouraging new residential developments in rural or unincorporated areas and to provide, to the extent possible, that new residential development shall occur in urban areas.

B. It shall be the policy of the city to minimize degradation of natural resources, including but not limited to, air, water and wildlife habitat.

(Ord. 1521 § 1 (part), 1991)

A. The number of residential units approved by the city shall reflect a two percent yearly limitation on growth based on population, to be compounded annually. Calculations for residential building approval shall be based on a population figure of fifty thousand nine hundred ninety as of September 1, 1989, and assuming an average number of persons per residential unit as determined annually by the State Department of Finance. This limitation of formula shall be applicable to approvals of residential units for years beginning with calendar year 1990 and thereafter.

B. This limitation shall not apply to:

1. Commercial and industrial projects;

2. Senior citizen housing;

3. On-site replacement of housing in existence as of September 1, 1989; and

4. Projects of four units or less.

(Ord. 1521 § 1 (part), 1991)

No allocation or approval granted under this chapter may be transferred or assigned to any other location or project by the applicant or applicant's heirs, assigns or successors.

(Ord. 1521 § 1 (part), 1991)

The city council shall, each year, adopt or update a map of the city and surrounding areas showing lands eligible for development as part of the city and assigning thereto, priority classifications of 1, 2 or 3. This map shall be based upon the recommendation of the Planning Commission, the Public Works Department, and the Community Development Department, as determined by the availability of city services including but not limited to water, wastewater, storm drains, streets, police and fire protection and parks.

(Ord. 1521 § 1 (part), 1991)

Prior to submission of a tentative map, parcel map or other approval under the Subdivision Map Act (Government Code Section 66410 et seq.), an application for growth management review shall be made to the planning commission on forms provided by the community development department and shall include or be accompanied by a development plan. The format and information to be contained in such development plan shall be determined by resolution of the city council.

(Ord. 1521 § 1 (part), 1991)

If, at any point after approval and before construction begins, the applicant shall substantially modify the plan submitted, city may require that the plan be resubmitted for evaluation from the first step. A determination of the need for resubmission shall be made by the community development department in the exercise of its sole discretion.

(Ord. 1521 § 1 (part), 1991)

Applicant shall specify, if desired, that multi-year approval is sought. The planning commission and city council may, in their discretion, grant up to three years' allocations. However, any such number of units approved shall be deducted from the total number of allocations available in such future years. (Ord 1521 § 1 (part), 1991)

Evaluation of proposed projects shall be done with reference to and in conformance with a point system/criteria schedule to be established by council resolution.

(Ord. 1521 § 1 (part), 1991)

If, in any year, the number of applications for residential units subject to this chapter exceeds the number of building permits to be issued in that year by the city, as calculated herein, such available building permits/approvals shall be issued as follows:

A. By reference to the point system/criteria specified in Section 15.34.100 of this chapter, the project with the lowest number of points shall be eliminated from consideration until the number of unit applications remaining equals the number of building permits to be issued during that year.

B. During the elimination of projects under subsection A above, if two or more projects are tied for low score after all lower scores have been eliminated, the community development director shall reduce the number of units in each of the tied low-scoring projects, on an equal percentage basis, until the number remaining coincides with the number of building permits available.

C. No single project shall receive more than one-third of all single-family permits available in any single year, unless the number of applications received is less than permits available in that year.

(Ord. 1521 § 1 (part), 1991)