ORD 2054 - Laserfiche WebLink

to the later year of the "trading" project. The city shall not refuse to make any trade which otherwise follows the provisions of this section. The traded units shall be approved by the city council and shall take the form of amended growth management agreements. c. If no "trade" is available for a unit or units, those units shall be reallocated to the last year for which the project has an allocation. (Subsequent year unused allocations shall also be added to the last year for which the project has an allocation.) This automatic reallocation shall occur only if the year to which the units are moving has available capacity. If no capacity is available, the reallocation shall be made to the first available year following the last year of the project's allocation. This reallocation shall be nondiscretionary on the part of the council and shall be documented in a revised schedule in a project's growth management agreement. 2. For project developers seeking to move units from later years into the current year: a. Prior to September 1st of a given calendar year,a project's developer may request a reallocation to the current year of some or all of its future years' allocations by filing an application with the planning division,together with any fee which may be established. b. The city shall coordinate the transfer of units for developers seeking to move forward to the current year with the requested transfer of units to later years. To the extent not all requests to move units forward can be accommodated, the city shall seek to prorate and/or coordinate the "trades" in a manner satisfactory to all parties seeking to move forward and to future years. Transfers shall be approved by the city council and shall take the form of amended growth management agreements. c. Units successfully transferred to the current year shall be treated in all ways as current year allocations. Building permits may be secured from the date of approval until December 31st of that calendar year and at any rate. C. Developers who have current year units and do not request the units to be reallocated as of September I st and who subsequently do not obtain a building permit prior to January I st of the following year, or where building permits lapse pursuant to the provisions of the Uniform Building Code after December 3 I st of the year of their allocation, shall lose their growth management approval for those units. No building permit shall be issued for such units until a new application for growth management approval has been made and a new approval granted by the city council following the procedures for initial approvals. D. The city council shall have the discretion to approve rules or procedures concerning the use, loss, trade, reallocation, and assignment of growth management approvals which vary from subsections A, B, or C of this section if it occurs as part of a project developer's development agreement or other legislative act so as long as the overall number of allowed permits do not exceed the total number assigned to de city for the current Regional Housing Needs Allocation cycle. 17.36.100 Modification to projects with growth management approval. A. Once a project has secured a growth management agreement,the project may be modified without affecting its growth management approval, subject to city council review and approval, so long as no additional units are added. Such a modified project retains its original growth management allocation. Project modifications as used in this section shall mean significant changes to a project's design, density, product type, affordability component, amenities, and other aspects which bear on its original approval. Architectural modifications, site plan changes, and other project adjustments which are characterized as "minor modifications" in the city's PUD ordinance shall not need city council review and approval to retain growth management approval. Should the modification reduce the number of units, the units eliminated shall be deducted from the project's final year's allocation. 17.36.110 Fees and exactions. A. A project developer will pay normal city development fees in effect at the time building permits are issued or at the time otherwise provided by the city ordinances or resolutions, or by agreement. B. A project developer shall pay a growth management fee in conjunction with the issuance of a building permit. Growth management fees shall be placed in a special fund applied to public projects made necessary by the cumulative effects of ongoing residential development. C. The city council may approve an increase or decrease in the growth management fees or permit a developer to provide finished public works in lieu of paying growth management or other city fees in order to achieve the Page 5 of 6