2010 JANUARY - Laserfiche WebLink

17.36.090 Prior to the Beginning of Any Calendar Year. If, prior to January 1st of any year, the city has processed building permit applications seeking the next year's first -come, first- served suballocation which, in the aggregate, exceed the annual suballocation less the small project set - aside, the city shall prorate the permits to developers seeking permits. (a) First Priority. Permits shall be issued first to first -come, first- served projects which were under construction in the prior year and secured permits for, or attempted to secure permits for, all units it was qualified to be issued permits for during that year. (b) Second Priority. Permits shall be issued second to all projects eligible to apply for the available permits. Each project's pro rata share of the available suballocation shall be the percentage derived by the permits sought by the project (subject to the project limitations established herein) divided by all permits sought (subject to the same size limitations). (2) Proration of Project Permits, Prior to Availability of Unused Major Project Units, Small Project Set -Aside Units, or Units Remaining Available on December 1st. If, prior to the determination that unused units may become available in September or on December 1st pursuant to subsections (C)(1)(c) and (C)(I)(d) of this section, the city may require project developers who may seek these units to apply for the units in advance so that, should the aggregate number of permits sought exceed the number to be made available, the city may issue permits on the following basis: (a) First Priority. Perri its shall be issued first to first -come, first -served projects under construction which did not receive permits equal to the project's annual maximum limitation. If the total of these exceeds the permits available, the permits shall be prorated based on each project's requested permits in relation to the total aggregate permits sought. (b) Second Priority. Permits shall be issued second to all projects eligible to apply for the available permits. If the total of these exceeds the permits available, a project's permits shall be prorated based on the total permits issued that calendar year to the project (as of the date of application) in relation to the aggregate of all permits issued to all projects seeking the available units. New projects seeking these permits which have not built any units in that calendar year shall be assumed to have built the annual limit or the total project size, whichever is smaller, in making the proration. In the event such a proration method would allow a project more units than it requests, that project shall he entitled to 100 percent of its request, and any remaining units shall be redistributed in the manner described above. (Ord. 2000 § 1, 2009; Ord. 1999 § I, 2009; Ord. 1729 § 2, 1997) (1) 17.36.090 Use and loss of growth management approval. A. Affordable Housing Project. I. Building permits may be secured, following normal and customary review and processing procedures, up to the annual limit included in the project approvals for any year. Building permits may be issued at any time during the calendar year and in any number of phases, so long as the annual limit contained in the approval is not exceeded. A building permit issued for a unit in such a project shall be subject to the Uniform Build- ing Code regulations concerning lapsing. 2. If an affordable housing project developer wishes to modify its phasing schedule, fails to secure all the building permits for which it was granted an allocation in any calendar year, or allows a building permit to lapse, it shall follow any rules established as a part of its growth management agreement. If no special rules are contained in its agreement, it shall apply to, or be referred to, the city council for its decision as to whether to allow a reallocation of the project. The council may reallocate the project as it deems hest meets the needs of the city. If the project has not begun, the city council may void the growth management ap- proval. (Pleasanton Sup). No, 3, 1 -10) 470