§ 10.18

This chapter 10.18 of the Tracy Municipal Code may be referred to as "Active Adult Residential Allotments Ordinance" (also referred to as "AAR Allotments").

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

The purpose and intent of this chapter is to facilitate the general plan goal of developing active adult residential communities within the City of Tracy by creating a process whereby active adult residential allotments (AAR Allotments) may be allocated to specific properties within the City of Tracy through the initiative process, separate from the City's Growth Management Ordinance.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

Unless otherwise provided in this chapter, the definitions set forth in chapter 10.08 (Zoning Regulations), chapter 12.08 (Subdivision Ordinance), and title 9 (Building Regulations) of this Code shall apply to this chapter. In the event that the definitions or provisions of the Zoning Regulations, the Subdivision Ordinance, or the Building Regulations, or any other provisions of this Code conflict with any provisions of this chapter, then this chapter shall control to the extent necessary to administer and effectuate the purpose of this chapter.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

Article 2. - Active Adult Residential Allotments.

AAR Allotments shall be allocated in accordance with this chapter and through a ballot measure (in accordance with the Elections Code, including without limitation, sections 9214, 9215, 9222), as required by this chapter. Once allotted through such initiative process to a particular property, such AAR shall not be transferred to any other property.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

Article 3. - Implementation.

(a)

An active adult residential allotment (or residential growth allotment, for projects which do not have active adult residential allotments) shall be required for any dwelling unit to be constructed on property as a condition of issuance of building permits. Prior to the issuance of building permits for the development of AAR units pursuant to this chapter, applicants shall demonstrate to the satisfaction of the City of Tracy's Director of Development and Engineering Services that such units are subject to a Specific Plan or Planned Unit Development Permit that establish dwelling unit and population density, design, and neighborhood

compatibility standards, including but not limited to the following: (1) the maximum and minimum number of residential units allowed and the average number of people per unit; (2) the density ranges allowed in terms of dwelling units per acre, and the maximum and minimum numbers of each such residential housing type; (3) the criteria that will be used to establish the location/mix of residential design and housing types; and (4) the park and recreational uses. In addition, in order for a property awarded AAR Allotments through a ballot measure (in accordance with the Elections Code, including without limitation, sections 9214, 9215, 9222) to use such AAR Allotments pursuant to the AAR Allotment process set forth in this chapter, residential occupancy of said property shall be limited by the property developer (through deed restriction, condition of land development approval, lease, and/or other enforceable manner) to active adults (persons qualifying under California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, Title 24 of the California Code of Regulations, and related controlling law).

(b)

"Active adult residential allotments" is the phrase used to denote the approval through a ballot measure (in accordance with the Elections Code, including without limitation, sections 9214, 9215, 9222) of a specific maximum number of AAR residential units allowed for a named property. Once such specific active adult residential allotments are approved through such initiative process, then such approved active adult residential allotments may be used only on the AAR property named through such initiative process. In other words, through such initiative process, the maximum number of active adult residential allotments shall be determined, and shall be assigned only to that property designated by such initiative measure. Because of such initiative-process-determined AAR Allotments, AAR properties that have received such Active Adult Allotments are not subject to the City's Growth Management Ordinance (GMO), as explained in the City's General Plan and Municipal Code, including without limitation, this chapter.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

10.18.060 - Other senior housing.

This Active Adult Residential Allotments Ordinance does not provide the exclusive means of providing new active adult housing, and shall not be construed as imposing any new restrictions or requirements on the development of senior housing that is otherwise conforming to California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, and Title 24 of the California Code of Regulations, the City's General Plan, Municipal Code, Growth Management Ordinance and all other applicable rules and regulations. This Active Adult Residential Allotments Ordinance only applies to those properties identified in a ballot measure (in accordance with the Elections Code, including without limitation, sections 9214, 9215, 9222), as being qualified to secure active adult residential allotments, if the requirements of the general plan, this chapter, and said initiative measure are satisfied. This chapter provides for, and does not change the status quo for properties and developments of other types of age-qualified housing in Tracy. For those properties and developers who do not wish to avail themselves of the active adult residential allotments this chapter provides for, all of the other relevant controlling law shall apply, including without limitation California Civil Code Sections 51.2, 51.3 and 51.4, the Federal Fair Housing Act, and Title 24 of the California Code of Regulations, the City's General Plan, the Tracy Municipal Code, and the Growth Management Ordinance (GMO).

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

Article 4. - Urban Reserve Area 9/ Tracy Village Specific Plan Area.

10.18.070 - Allocation of Active Adult Allotments.

(a)

By a ballot measure (this initiative measure). Six hundred (600) active adult residential allotments are allocated to the property/area formerly known as Urban Reserve 9, now referenced as the Tracy Village Specific Plan property, located at the southeast corner of Corral Hollow and Valpico Roads. This Article 4 and its sections were included in a ballot measure (this initiative measure) and provide the details of that allocation of Active Adult Allotments to the Tracy Village Specific Plan property.

(b)

An individual (one) Active Adult Residential Allotment shall be required for each individual dwelling unit to be developed as an AAR residential unit on the Tracy Village Specific Plan property, and possession of such an Active Adult Residential Allotment shall be a condition of building permit issuance.

(c)

No more than 200 residential building permits may be issued by City for the Tracy Village Specific Plan property in any given calendar year.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

10.18.080 - Exclusive use/no transfers of AAR allotments allowed.

(a)

All or any part of said 600 Active Adult Residential Allotments allocated to the Tracy Village Specific Plan property by this initiative measure shall only be used on the Tracy Village Specific Plan property, and shall not be transferred (in whole or part) to any other project or property.

(b)

Said six hundred (600) Active Adult Residential Allotments allocated to said Tracy Village Specific Plan property shall not expire.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

10.18.090 - Application of Articles 1, 2, 3 and 4.

The general provisions of Articles 1, 2 and 3 of this Chapter 10.18, Active Adult Residential Allotments, shall apply to the 600 active adult residential allotments allocated to the Tracy Village Specific Plan property by this Article 4.

(Res. No. 2015-162, § 3(Exh. A), 9-15-2015)

Chapter 10.20 - SPECIFIC PLANS[[9]]

Footnotes:

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Editor's note— Ord. No. 1126, § 1, adopted Nov. 18, 2008, repealed the former ch. 10.20, §§ 10.20.010— 10.20.200, and enacted a new ch. 10.20 as set out herein. The former ch. 10.20 pertained to similar subject matter and derived from Prior Code §§ 10-6.101—10-6.107, 10-6.201—10-6.207, 10-6.301—10-6.306.