§ 15.44.070. Development allocation awards—Point requirements.

A.

..... The City Council shall consider, at a public hearing, the Board recommendations and rankings of the proposed development in each of the three (3) lists prepared pursuant to Section 15.44.060 and shall award development allocations based on their evaluation of those recommendations and rankings.

1.

Development Program Allocation. The number of dwelling units for which development allocations shall be issued shall not exceed the allocations established in accordance with Section 15.44.040.

2.

Allocation Limitation. No single developer shall, in any one (1) year, be issued a development allocation for dwelling units in excess of a number to be established by resolution of the City Council.

3.

Minimum Point Requirements. The City Council shall eliminate from consideration any development which has not been assigned the minimum points required to meet the minimum standards of that specific criterion, exclusive of bonus points. If in a given year the highest-ranking development does not at least meet both the minimum point requirements, the City Council shall make no development allotment for that year. The number of units will then be added, as the only allowed exception to the ten (10) percent rule in Section 15.44.040(B), to the allocation for the ensuing year.

B.

..... The City Council will make the annual development allocations at a time to be selected by the City Council, but in no event later than thirty (30) days following submission of the lists and recommendations of the Board as provided in Section 15.44.060(E).

C.

..... Should an applicant for a custom lot sale project or such applicant's successor-in-interest fail to initiate construction within five (5) years after award of the development allocation, the City Council may rescind all or part of the development allocation and reassign the allocation to an on-going project that received an allocation during the same or any subsequent year.

D.

..... Any applicant that has modified or altered a project which has previously been awarded development allocations may request that the City reallocate the previously awarded development allocations to the modified or altered project when such modifications or alterations are not "minor" as that term is used in Resolution 86-93, Exhibit "B"(6) (i). An applicant seeking to reallocate previously awarded development allocations to a modified or altered project shall complete the reallocation application on the form provided by the City, and shall submit the application, together with the required fee, to the Community Development Department. The City Council shall reallocate the previously awarded development allocations to a modified or altered project if it is determined at a public hearing that the following conditions are satisfied:

1.

The project has previously been awarded development allocations;

2.

The applicant is not seeking to increase the number of units in the project;

3.

All elements of the revised or altered project meet all minimum City standards required for the project;

4.

The revised or altered project has previously been awarded all necessary discretionary approvals; and

5.

After a reevaluation of the revised or altered project pursuant to the then-current Residential Development Evaluation Board's standards, the points awarded to the revised or altered project are equal to or greater than the number of RDEB points in each RDEB category originally assigned to the project.

 If the above conditions are not satisfied, the applicant must resubmit the project for development allocations in the next annual development allocation sequence as if no allocations were ever awarded.

 Applications for a reallocation of previously awarded development allocations for modified or altered projects may be submitted at any time. The reallocation of development allocations shall not affect the number of development allocations to be awarded in the year in which the reallocation is made.

(Prior code § 38-7)