(a) Application for Allotment. The application for an allotment shall be completed on a form provided by the City Manager. Such application shall specify:
(1) The number of allotments requested in terms of residential units;
(2) A development schedule showing the elapsed times projected for each phase of the development process; and
(3) Other documentation and information that the City Manager may require in order to review the application and apply the standards and obtain compliance with the intent and purposes of this chapter.
(b) An "Applicant." An applicant for a residential development allotment under this chapter must be the title owner in fee simple of the property. An "applicant" may also be an individual, ownership entity or organization which has a legally valid and enforceable option contract or purchase agreement for a residential lot. The title owner in fee simple of the lot shall, however, be considered to be a co-applicant for purposes of the "maximum allotment" provision set forth in Section 1211.04
(e) and for purposes of the minimum of one automatic allotment per year per applicant set forth in division (c) of this section. In other words, the co-applicant owner shall have the total number of allotments to which the owner may be entitled reduced by the number of allotments awarded to co-applicant option holders or purchasers and will lose any right the co-applicant owner may have to one automatic allotment per year. In the event that through this process the number of applicants is reduced below the number of available allotments, a random selection for the balance of the allotments will be conducted. The option holder or purchaser shall not be a family member, business associate, agent, and employee or related in any way to the co-applicant title owner in fee simple.
(c) Application Deadline. All applications for a residential development allotment shall be submitted according to the following schedule:
Application Date | Annual Allotment Award Date |
December 1 | January 1 |
(d) Limitation on Number of Applications. An individual, ownership entity, or organization may submit only one allotment application per lot in each allocation period, except there shall be no limitation on the number of separate lots within a contiguous development or physically separate developments under common ownership that may be included in one allotment application submitted by an individual or organization except as provided in Section 1211.04
.
(e) Completeness Determination/Additional Information. The City Manager shall review for completeness all applications. If the application is determined to be incomplete, the City Manager shall reject it and notify the applicant in writing of such rejection and the reasons therefore, within ten working days. Failure of the applicant to submit the requested information within ten working days from the time the notification is mailed to the applicant shall preclude the application from being reviewed and processed during that annual allocation period.
(f) Changes in Allotment Request. Once submitted, an applicant may not alter its application to request an increased number of allotments.
(g) Fee for Review of Application. Each allotment application shall be accompanied by a processing fee as may be established by resolution of the City Council. Such fees shall be nonrefundable. Additional fees are not required for processing of the same allotment application, if substantially unaltered, during successive allocation periods. The allotment processing fee shall be in addition to all other City development processing and permit fees.
(h) Residential Development Allotment Recommendation and Award. The City Manager shall, utilizing the allocation formula set forth in Section 1211.06
, calculate allotments for the annual allotment period and award allotments up to the maximum number authorized by Council by January 1st of each year.
(i) Notification of Allotment. All applicants who received an allotment shall be notified by mail or e-mail. Successful applicants may apply for issuance of a zoning certificate for the applicable number of residential dwelling units subject to complying with requirements of all other applicable City chapters and regulations.
(j) Withdrawal of Allotment Application. An applicant may elect to withdraw an allotment application without prejudice at any time prior to an allotment being made by the City Manager.
(k) Transferability of Allotments.
(1) All allotments granted pursuant to this chapter shall be valid only for the individual lot or lots which were the subject to the application unless they are revoked or expire in accordance with provisions herein. Allotments awarded to one lot may be transferred to another legally-established lot within the same development or subdivision, provided, however, that the subject lots are under common ownership.
(2) An allotment which has been granted to a particular lot shall remain with that lot upon conveyance of that lot to another person, except in situations where the lot is conveyed back to the person who was the owner or applicant at the time of the award of the allotment. Additionally, allotments granted to an applicant who has an option contract or purchase agreement on a lot may not be transferred to any other person, including the grantor of the option or the seller of the subject lot without the express written approval of the City Manager.
(l) Expiration of Allotment. An allotment granted pursuant to this chapter shall be valid for five years from the date it is awarded. An allotment for a residential unit for which construction has not begun within five years of such award shall automatically expire and the owner shall be required to secure a new allotment to construct a residential unit.
(Ord. 16-203, § 1. Passed 4-4-17; Ord. 18-93. Passed 10-15-19.)