HomeMy WebLinkAboutStaff Report 6.A 12/21/2009A
CITY'OF PETALUMA, CALIFORNIA .~
AGE' A ~L ®ecernber 21, 200
AEend~ 'Title: City Council Consideration and Direction on Submission of a 1V)<eetin~ Date: December 21, 2009
Ballot Measure to the Voters Amending the General Plan 2025 to Include
Potential Changes to the Urban Growth Boundary (UGB), Including 1Vleetin~ 'Time: 7:00 P1VI
Extending the. UGB Expiration from December 31, 2018 to December 31,
2025.
Cate~or_y: ^ Presentation ^ Appointments ^ Consent ®Public Hearing ^ Unfinished. Business ^ New Business
Department: Director: Contact Perso ~ Phone Nuanber:
City Manager John Brown Scott Duiven ~~ 778-4511
City Attorney Eric Danly Leslie Thomsen 778-4362
City Clerk Claire Cooper Claire Cooper 778-4360
Total Cost of Proposal or Pro;eet: $7;800 to $15,600, Name of `Fund: City Clerk -Elections
plus staff and attorney time.
Account Number: 1100.113.21.54310.
Amount l3udgetecl: $0
Cnrrent Fund balance: $0
ReeoHnmendation: It is reeomniended that the City Council take the following action: Adopt the proposed
resolution (Attachment 1), submitting the UGB extension measure to the voters on the November 2, 2010 ballot.
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved`without unanimous vote: Ordinance has been.published/posted prior to second
reading; see Attachment .
3. ^ Other.action requiring special notice: Notice has been given, see Attachment
Summary Statement: The 1998 Urban Growth Boundary (UGB) contains a total of 9,900 gross acres
(including streets, the Petaluma River, and other rights-of-way). Four '"Possible Expansion Areas":identified in
the voter-adopted UGB measure include approximately 330 acres,. which are illustrative examples of areas
potentially available for annexation. The UGB was established by voter approval as part of Measure I in
November 1998. The UGB limits the locafion of urban development and the provision of city water and sewer
services through December 31, 2018. The UGB will expire in 2018` unless renewed and requires a vote of the
.'people to modify or rescind it. The General Plan 2025, adopted in May 2008, is based on continuation of the
:city's UGB through 2025, the lifetime of the current General. Plan. General Plan Policy 1-P-37(A) requires the
city to present a.ballot measure to the community to extend the life of-the UGB to 2025. If the. only change is to
.expiration date; the changes to the General Plan would be limited to text corrections 'in Policies 1-P-31, 1.-P-32
.and 1-P-34, changing the .date. of December 31, 2018 to December 31,' 2025 and minor text edits among other
elements of the General Plan to promote internal consistency (as noted in Attachment. l ). The attached resolution
provides for the submission of a ballot measure to the voters on the November 2, 2010 ballot extending the UGB
expiration date to December 31, 2025'.
Attachments. to.A~ensla Packet:item:
1. Resolution Submittngtlie Proposed Ballot Measure for the November 2, 2010 Election
2. Figure i-3 Planning- Boundaries
3. Planning Commission Resolution
Yleviewed by Finance IDirector: itevievved by City Attorney: A ro ed a I~Iana er:
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Date:
Rev. # Date Last evised: File:
CITY OF ~E'TAI.,I.TI~IA, ~AI~II+'ORNIA
AIECENIBER 21, 2U®9
AGENDA REPOR'T'
FOR
CI'I'~' COIJNCII., COIl1SgI~EIYATION AND DIitEC'I'ION ON S~NIISSI®N ®F A ~AI.I.OT
1VIEASiJRE 'T®'TIIE V®'TEItS A1ViENDING TIIE GENER~iL Pi.,AN 2025 T® INCI.IJDE ~®')cEN'>cIAI.,
CIIANGES TO ~'IIE II~BAiv Git®WTII BOIJNI)ARI' (gJGB), I1VCI.IJDING EX'T'ENDING ~'I~EE UG18
EXPIitA~'I®N Fit®Ii~I DECEN~Eit 31, 2018 'T'® DECEIVTDEit 31, 2025.
1. itEC®MMENDATION: Adopt the proposed resolution,(Attachment 1), submitting the UGB extension
measure to the voters on the November 2, 2010 ballot.
2. BACYCGROUND: The 1998 Urban Growth Boundary (UGB) contains a total.. of 9,900 gross acres
(including streets, the Petaluma River, and other rights-of--way). Four "Possible Expansion Areas" identified in
the voter-adopted UGB measure include approximately 330 acres, which are illustrative examples of areas
potentially. available for annexation. The expansion areas identified in the UGB measure are not intended to be
exclusive, and specific exception findings must be made for any expansion, including within the Possible
Expansion Areas. Figure i-3 illustrates the city's UGB and Possible Expansion Areas (Attachment 2). The City
has received no applications for any annexation outside of the UG$ since adoption of the UGB in 1998.
Therefore, no applications have been received for annexation affecting the Possible Expansion Areas.
The UGB was established by voter approval as part of Measure I in November 1998. The UGB limits the
location of urban development and the provision of city water and sewer services through December 31, 2018.
The UGB will expire in 2018 unless .renewed. The UGB requires a vote of the people to modify or rescind it.
However, the City's General Plan 2025, adopted in May 2008; is based on continuation of the city's UGB
through 2025, the lifetime of the current General Plan. General Plan Policy 1-P-37(A) requires the city to
present a ballot. measure to the community to extend the life of the UGB to 2025. General Plan Policy 1-P-37(B)
requires the City to analyze the UGB by looking at availability of vacant. land, growth trends and projections,
the City's ..economic development and affordable housing needs and infrastructure capacity around 2015 or
midterm of the General Plan.
On March 2, 2009 the City Council provided direction to staff to prepare an ordinance extending the UGB
expiration. date to 2025' for placement on the November 2010 ballot. The Council requested that this item be
reviewed by the Planning Commission for a recommendation to the Council. In addition to the timeline
extension, Council. provided direction to review removing the Possible Expansion Areas from the UGB,
provided that removal does not trigger a requirement. for further CEQA review.
On November 24, 2009 the Planning Commission held a public hearing to discuss extending the expiration date
of the UGB and per Council direction the potential removal of the Possible Expansion Areas. There were no
public comments submitted at the hearing. The Commission briefly discussed the Possible Expansion Areas and
exceptions and agreed with staff to leave both intact. The Planning Commission unanimously approved a
resolution recommending the extension of the UGB expiration to December 31, 2425 and leaving the remaining
UGB language as is (see Attachment 3).
3.. DlscusscoN: The Possible UGB Expansion Areas shown on the attached Planning Boundaries
exhibit are merely illustrative of where expansion under any of the four stated exceptions may occur (see Policy
1=P-32 in Attachment 1), and are not .intended to be exclusive. The intent of the exceptions is to serve as a
safety valve to allow flexibility in accommodating Council priorities for affordable housing, transit-oriented
development, employment opportunities, and agriculture or agriculture support uses, as well as to avoid
unconstitutional takings issues in any particular ease. Annexation outside the UGB, whether in a Possible
Expansion Area or not, requires asix-sevenths vote of the City Council and specific findings showing how a
proposal would meet the requirements for exceptions set out in the present UGB. This process would require its
own proposal-specific environmental and discretionary review.
Removal of the .Possible Expansion Areas from the Planning Boundaries. exhibit would have no effect on the
ability to propose annexations that meet the requirements of the exceptions provisions in the current UGB.
Removal of the exceptions, however; would remove the flexibility built into the Urban Growth Boundary
measure to address the specified purposes of the exceptions. While the General Plan and its EIR plan for
accommodating future growth through 2025 within the UGB, the documents also recognize the need for
monitoring available lands to meet long-term growth and the flexibility provided to serve the four identified
purposes of the exceptions. Removal of the exceptions would trigger the need for additional CEQA review as it
could create environmental impacts not anticipated. in the General Plan EIR and create potential conflict with
General Plan goals, including but not limited to economic and housing goals. Staff recommends that the
amendment to the UGB be limited to extending the expiration date.
The General Plan EIR was certified on April 7, 2008 by Resolution No. 2008-058. The city can rely on the
certified EIR for the General Plan to serve as the required review of environmental impacts of extending the
UGB through 2025 because that extension was included in projections of General Plan buildout and adopted as
a General Plan policy. If changes are proposed to the UGB other than. extending its lifetime through 2025, it is
possible that additional CEQA evaluation wil'1 be required. The scope of any additional CEQA review, is fact
dependent, and would require evaluation of the nature of any changes to the UGB. For example, enlarging the
UGB geographically could create environmental impacts not studied in the General. Plan. EIR, but so could
shrinking the UGB, if a smaller UGB concentrated future development in ways that created more intense or
different environmental impacts than those studied in the General Plan EIR.
Based on the recommendation from the Planning Commission; staff and the city attorney's office have prepared
a proposed ordinance making the changes to the UGB as recommended, and amending the General Plan 2025 to
conform, to be presented to the voters on November 2, 20.10. The only recommended change is to the expiration
date; the changes to the General Plan are limited to text corrections in Policies 1-P-31, 1-P-32 and 1-P-34,
changing the date of December 31, 2018 to December.31, 2025 and minor text edits among other elements of
the General .Plan `to promote internal consistency (as noted in .Attachment 1). All other provisions of the
General Plan 2025 presume that the UGB and associated policies will remain in place through 2025.
4. h'INANGIAL IMPACTS:
The cost of presenting the ballot measure to the voters, consolidated with the November 2010 general municipal
election, is estimated to be between $7,800 and $15,600. In addition, there are staff and attorney costs
associated with preparing this item and the future ballot measure preparation and arguments. The FY 10/11
budget will need to incorporate the cost of this item, along with other anticipated ballot measures into the City
Clerk's elections budget.
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Attachment 1
Resolution No. 2009- N.C:S.
of the City of Petaluma, California
ORDERING TIIE SiJB1VIISSION TO TIIE QYJALIFIEID ELECTORS OF
TIIE CITY OF AN ORDINANCE TO EXTEND TIIE'ITRBAN GROWTII
BOIJNI)ARY EI~PIRATION'T)ATE TO D)ECENI)BER31, 2025.AT`TI~E
GENERAL I~YINICTPAL ELECTION TO ~E ~L~ ON TI~SDAY,
NOVEIVIBER 2, 2010, REQiJESTING TIIE SONOIVIA COiJNTY BOARD
OF SiJPERVISORS 'I'O CONSOLIDATE SAID ELECTION WITII TIIE
NOVEIVI~EIt 2, 2010;;STATEWTDE GENETZAI, ELECTION AND
PROVIDING FOIL SiJBIi%IISSIOlV OF BALLO`T' A1tGUNIENTS AND
REBUTTALS.
WIIEREAS, the City of Petaluma General Plan 2025 was adopted on May 19, 2008; and,
WIIEREAS, General Plan Policy 1-P-37(A) requires the city to present a ballot measure to the
community amending the General Plan to extend the life of the Urban Growth Boundary (UGB)
to 2025; and,
WIIEREAS, a program EIR for the: City of Petaluma 'General Plan was certified with
appropriate findings of fact on April 7; 2008 with the adoption. of Resolution No. 2008-058
N.C.S.; and
WIiEREAS, the city can rely on the certified EIR for :the General Plan. to serve .as the required
review of environmental impacts ofextending the UGB through 2025 because that. extension was
included in the projections of General Plan.buildout and adopted as a General Plan policy; and
WIiEREAS, a City of Petaluma Planning Commission hearing was duly noticed to consider the
proposed General Plan 2025 amendment and ballot measure on November 24, 2009, which
hearing was continued to December 8, 2009; and
WIIEREAS, on December 8, 2009, the Planning Commission considered all written and oral
communications, the staff report. and all supporting. documents relating to said .actions before
voting. to recommend that the City Council place on the November 10, 2010 ballot the General
Plan amendment set forth herein; and
WIIEREAS, November 2, 2010 is the date of the city's next regular municipal election; and
WIIEREAS, Section 4 of Article III of the Petaluma City Charter provides that except as
otherwise specified in the Charter, all regular and special city elections are to be held in
accordance with the Elections Code, as amended; and
' WI~It>1'JAS; Seetion 76 of Article XII of the Petaluma City Charter provides that ordinances
may be enacted. by and for: the :city pursuant ~to Division 4 (now Division 9) of Chapter. 3, Article
1 of the Elections Code, as amended; and
WI~11~AS, provisions of the Elections Code set forth the procedures and requirements for the
submission of measures to the voters, including: consolidation of municipal and statewide
elections, .placement on the ballot, amendment and withdrawal, submission of ballot arguments,
preparation of impartial analysis and rebuttal arguments;
1~,®7~•1~y Hvi1yL~1+i~vTi~y®~171~~`iy'~r ~ T.~lpi 1 ~Ig~~1r. ®lJ 1 \ ~1'i~. ®~ 1 YYIl`i 'l.l d H ®Y` r ~ S HJL iJ lYili il'®9'iS
~AIY`iB H ~HlAi47®L V L` ~~7 ~~d~A~~ 7'1 ~7:
Pursuant to the requirements of the City of Petaluma. Charter, and other applicable law,
there is called and' ordered to be held in the City of Petaluma, California; on Tuesday,
November 2, 2010, an election for the purpose of submitting to the voters a measure that
would extend the expiration date of the City's Urban Growth Boundary from December
31, 2018 to December 31, 2025.
2. The ballot language for the proposed ordinance shall. be as follows:
1VI)EAS>ll><tE
"Shall an ordinance be adopted to extend the expiration. of Petaluma's I'ES
Urban Growth. Boundary (UGB) from December 31, .2018 to
December 31, 2025?"
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3. The measure to be: approved by the voters pursuant "to Section 2 of this resolution is as set
forth in Exhibit A attached hereto.
4. (a) An election on the measure set forth in Section 2 shall be held in conjunction with
the municipal election to be held in the City of Petaluma on Tuesday, November 2, 2010,
In accordance with the: Petaluma City Charter and California Elections Code Section
1'0408, ,the City Council requests that the Board of Supervisors of Sonoma County.
consolidate- the :election on the measure with. the statewide general election on the same
day and issue instructions to the Sonoma County Election' :Department to take any and all
steps necessary for the holding of the consolidated election.
(b) The election. on the measure set forth in Section 2 shall be held and
conducted, ahe votes canvassed and the returns made, and the results ascertained
and determined as provided for herein and the Elections Code.
{c) The eleefon for the measure set. forth in Seetion 2 shall be held in Sonoma
County in the City of Petaluma on November'2, 2010, as required by law, and the
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Sonoma County Election Department is authorized to canvas the returns of that
election with respect to the votes cast in the City of Petaluma.
(d) At the. next regular meeting of the City .Council of the City of Petaluma
occurring after the returns of the election for the measure ..set forth in Section 2
.have been canvassed and the certification of the results to the City Council, the
City Council shall cause to be entered in its minutes a statement of the results of
the election.
5. (a) In accordance with Elections Code .Section 9282 and 9283, arguments
submitted for or against the measure shall not exceed'300 words in length, and
shall be printed upon the same sheet- of paper and .mailed to each voter with the
sample ballot for the election and, may be signed by not more than five persons.
(b) In accordance with.Electibns Code Section 9282, the following headings,
as appropriate,. shall precede the arguments' wording, but shall not be counted in
the 300 word maxm_um: "Argument Against Measure " or,
"Argument For Measure " (the blank spaces being filled only with the letter
or number, if any, designating the measure).
(c) In accordance with.Elections Code Section 9283; printed arguments
submitted to voters in accordance with Section 9282 of the Elections Code shall
be filed with the City .Clerk, accompanied by the printed name(s) and signature(s)
of the author(s) submitting: it; or if submitted on behalf of as organzation'the'
name of the organization and the printed name and signature.,of at least one 'of its
principal officers. Arguments are due in.the office of the City Clerk prior to 5:00
p.m. on Monday, August 1'6; :2010.
(d) The City Council may authorize; by motion, a member or members to
prepare a draft argument fbr the measure and to return the draft for consideration
and adoption by the City Council at a duly noticed.. meeting of the City Council.
In accordance with Elections Code Section 9287, any counc_'~l members authorized
by the City Council tg do, so may sign the argument for the.measure. However,
in accordance. with Elections Code Section 928:3,: if the argument for the measure
is signed' by more than 5 council members, only the ,signatures of the first fwe
council members to sign the ballot argument -will be printed.. with the~ballot
argument.
(e) Alternatively, the City Council may authorize,. by motion, a member or
memibers ofthe .City Council to cooperate with members of the community and/or
interested parties and/or organizations to prepare'a draft argument for-the
measure.
6. (a) Pursuant to Elections.Code Section 9285, when.the City Clerkhas selected
the arguments for and againsf the measure, that. will be printed. and .distributed to
the voters; the City Clerk shall send copies of the argument. in favor of the
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measure to thee. authors of`the argument against,.and copies. of the argument
against.; to the authors of the argument in favor. Rebuttal arguments shall be
printed in the .same manner as -the direct arguments. Each rebuttal argument shall
immediately follow the direct argument that it seeks to rebut.
(b) Rebuttal arguments shall not exceed two hundred. fifty words and may be
signed by more'than five persons, however, only the first. fwe persons to sign will
be printed with the ballot measure. The persons that sign the rebuttal arguments
may be different persons than the persons that signed the direct arguments.
(c) The'kast day for submission of rebuttal arguments for or against the
measure shall be by 5:00 p.m. on Thursday, August 26, 2010.
(d) All previous resolutions providing. for the f ling of rebuttal arguments for
City of Petaluma measures ;are repealed.. The provisions of this resolution
concerning rebuttal arguments shall only apply to the election to be held on
November 2, 2010, and fohowng the conclusion of that election are repealed.
7. In accordance with Elections Code. Section 9280, the City Attorney is directed to
file with the City Clerk by August 16, 2010, an impartial analysis of the measure, not to
exceed five hundred words,. showing the effect of the' measure.
8. The City of Petaluma recognizes that additional costs may be incurred by the
County by reason of the measu"re and agrees to reimburse the County for such costs. The
City Manager is hereby authorized and directed to appropriate the necessary funds to pay
for the City's cost of placngbhe measure on the election ballot,
9. (a) The City Clerk is directed to file a certified :copy of .this resolution with the
Board of Supervisors. of:Sonorna County and the •Sonoma County Elections
Department on or before August 6,.2010. The City Clerk is hereby authorized
and directed to take all steps;necessary to place the measure on the ballot and to
cause the measure attached as Exhibit A to be published once in a newspaper of
general circulation, or any other newspaper designated as-.the official newspaper
of the .City ofPefaluma, in accordance with California Elections Code Section
121 l l .and California Government .Code Section 606.1: A copy of the measure
shall, be made available to any voter upon request. The City Clerk is authorized
and directed to -gibe further additional notiee•ofthe~measure in time, form and
manner as required' by law.
,(b) ~ln a~ll=particulars not recited in this resolution, t_h~e electionshall beheld
and conducted as provided by law for holding municipal elections.
APES:
NOES:
ABSENT:
ATTEST:
Deputy City Clerk Mayor
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EXHI~IY ~- TO RESOLUYION 2009- R4.C.S.
CITY OF PETAI.iJIVIA iTR~AN GROW'TII SOiJNi-AIi;Y
The People of the City of Petaluma do ordain as follows:
Section 1: Purpose and >Findimgs.
A. Purpose. This measure ..reaffirms and readopts the City of Petaluma's .longstanding goal
of maintaining awell'-defined and thriving urban community that serves and benefits
from. surrounding open space and agricultural :resources. This measure extends the
expiration date of the City of Petaluma's Urban Growth Boundary (UGB) from
December 31, 20.18 to December 31, 2025 and ensures that lands outside the UGB are
not prematurely or unnecessarily converted to. urban uses. Accordingly, the measure
ensures that until December 31, 2025, the UGB hall be changed only by a vote of the
people, except in certain. cireurnstances and according to° specif c procedures set forth in
this measure.
B. P~otectiaig tlhe Environffient and tlhe Economy.
The open space surrounding Petaluma is essential to grazing, agriculture, the dairy
industry, and tourism, and thus important to the local and regional economy. These open
space lands also provide valuable recreation opportunities, watershed, and. wildlife
.habitat. By encouraging urban development within a clearly defined Urban Growth
Boundary, this measure will continue. to:
1. Encourage efficient growth patterns and pro"feet' the quality of life by concentrating
future development largely within existing developed areas;
2.. Promote uses that foster public health and safety .and productive investment for
farming enterprises on.lands outside Petaluma's Urban Growth Boundary;
3. Foster and protect Petaluma's natural setting while encouraging :appropriate economic
development in accordance with the City's unique local conditions;
4. Concentrate growth within awell-defined urban growth boundary in order to limit the
extent of required City services and restrain increases in their costs;
5. Allow- the City to continue to meet the housing needs 'for all economic segments of
the population, especially lower -and moderate income households, by directing the
development of housing into areas where services and infrastructure can be provided
more cost effectively; and
6. Promote stability in long-term planning.: for the City by establishing a cornerstone
policy within the General Plan designating. the geographic limits of long-term urban
development and allowing sufficient flexibility within those limits to respond to the
City's changing. needs over time.
C. Future General "Plan LTpd~f'es.
This measure provides for the, City"s. Urban Growth Boundary in the .City's General Plan 2025 to
remain in effect through 2025: If any future General' Plan updates prior to 2025 contain an Urban
Growth Boundary that differs from that .establ'ished' by this measure, the new Urban Growth
Boundary shall only become effective upon. approval by a vote of the people. The Urban. Growth
Boundary established by this. measure may also be changed at any time by a vote of the people in
accordance with state law or by'the City Council in accordance with the terms of this measure.
Section 2: General Plan Amendffients
2.1 Planning Boundaries 1V1<ap, Laid Ilse 1VI~p, and ~otlaer~E~ibits
The Urban. Growth Boundary as depicted in the General. Plan. 2025 Figure i-3 Planning
Boundaries, Figure 2-1 Land .Use; and 9ther map exhibits and all references to the City of
Petaluma. Urban Growth Boundary shall' be identical to that established by the original UGB
measure. Exhibit A:l to this measure illustrates the location of the UGB adopted by this
paragraph.
2.2 General Plan 'Tent for~Goals, Policies, and ProgranBS.
The following Goal, Policies and :Programs appearing in Section 1.4 of the Land Use, Growth
,Management, & the Built Env. ronment chapter of the Petaluma General Plan 2025 are hereby
reaffirmed, readopted; and amended as set forth below (in this Section 2 of this measure, text to
be inserted into the. General. Plan. is ..indicated. in underlined bold type while text to be stricken is
presented in °*~'~ text in standard type currently appears. in the General Plan and is
reaffirmed-and readopted by this measure):
GOAL'-1.-G-4: Urban Growth Boundary
1Vlaintain aparcel-specific Urban Growth Boundary.
Policies and'Programs
Policies l -P-29~ through 1-P-36 reflect the Ir998 UGB ballot measure.
1-P-29 It is the, policy of the City to build within the agreed upon Urban Growth Boundary. No
urban develo went s
p hall be permitted beyond the Urban.. Growth Boundary. "Urban
development" shall mean development requiring one or more basic municipal services
including, but not. limited to,, water service, sewer, improved storm drainage facilities, fire
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hydrants and other physical public facilities and services; but shall not mean providing
municipal or public services to open space uses, public or ,quasi-public uses such as
schools or public safety facilities: Said municipal or public services or facilities can be
developed beyond the UGB to provide services within the UGB.
A. Maintain a time certain and parcel-specific Urban Growth Boundary around the city,
beyond which urban development will not take place.
B. Use the growth management system, design review, or other project review methods to
assure that the density of new residential development is greatest within and adjoining
existing urbanized areas and ;gradually and logically lessens as it approaches the urban
edge.
C. Encourage the County to continue to promote agricultural. land use and. to strictly limit
further residential inflling on lands beyond the Urban Growth Boundary within the
Petaluma Planning `Referral Area.
1-P-30 No urban development beyond the Urban Growth. Boundary shall be served by City
services except for (1) extensions to residential dwellings in existence or approved for
construction on parcels created on or before December 5, 1983; (2) extensions required
pursuant to the terms of a service contract in effect as of July 20, 1998; (3) extensions to
remedy a clear health hazard to residential dwellings in existence or approved for
construction on parcels created on or before July 20, 1998 where there is no reasonable
alternative means to remedy that health .hazard; (4) extensions to open space and park
uses; (5) expansion. of service- to public and quasi-public uses existing as of July 20,
1998; and (6) extraordinary circumstances pursuant to applicable General Plan policies.
Extraordinary circumstances justifying extension of City services outside of the UGB
shall be deemed. to exist; :only if the City Council makes each of the following findings
based on substantial evidence in the record:
• That the land use to which the City service would be extended is consistent with all
applicable policies of the City's General Plan; and .
That the. land use to which the City service would be extended is compatible with open
space uses as defined in Government Code section 65560 as of July 1, 1998, does not
interfere with accepted agricultural practices, and does not adversely affect the
stability of land use patterns in the area; and
• That the property to which the City service would be extended is immediately adjacent
to land. already .served by the service(s) to be extended; and
• That specific circumstances, unique to the property to which the City service would be
extended, would otherwise deprive the property of privileges enjoyed by other
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comparable property outside the UGB and in the vicinity of the property to be served;
and
• That substantial evidence demonstrates that the proposed City service extension will
nob cause the Levels of Service specified in adop"ted Citypolicies to be exceeded with
respect to water, wastewater, parks, fire services, police services, storm drainage, .
schools; traffic and other-public facilities and services.
1-P-31 Except as set forth in Policy.l-P-32, the Urban Growth. Boundary Policies 1-P-29, 1-P-
30, 1-P-31, and 1-P-32 shall be in effect until December 31, ~8 2025.
1-P-32 The Urban Growth Boundary designated on the Petaluma General Plan Land Use Map
may' be amended only by a vote of the people or :pursuant to the procedures set forth
below:
Exception I -Affordable )EIousiBg: To comply with state .law regarding the provision of
housing for all economic segments of the community,'the City Council may amend the
Urban Growth Boundary in order to include within the Urban Growth Boundary lands to
be designated for residential .uses, provided that no more fihan.5 acres of land may be
brought within the Urban Growth,Boundary for this purpose in any calendar year. If in
any year, fewer than five acres are brought within the :UGB pursuant to this policy, then
the unused increment may be brought within the UGB in subsequent years, provided that,
no more than 50 acres may be brought within the UGB before December 31, ~~ 2025.
(Thus, for example in 2008 the City Council could, upon. making the findings below,
bring up to 50 acres within the UGB under this exception; provided none had previously
been brought within the UGB~under this exception.) Sueh amendment may be adopted
only if the City Council makes each of the following findings based on substantial
evidence in the record:
• T'he land is immediately adjacent to existing comparably developed areas and the
applicant for the redesignation has provided sufficient evidence that the Fire
Department, Police Department, Department of Public Works, the Community
Development;Department, Parks and Recreation Department, the School District(s)
and other relevant City departments and public agencies have adequate capacity to
aecornmodate the proposed development and provide it with adequate public services;
and
• The proposed development will consist of at least 2'S percent moderate income
housing :and at least 25 percent low and very low income housing; and
• That there 'is no .existing. residentially designated land available within the Urban
Growth Boundary to accommodate the proposed development; and
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• That it is not reasonably feasible to accommodate: the proposed development by
redesignating lands within the- Urban Growth Boundary for low and very low income
housing; and
• ,The proposed development: is necessary to comply with state law requirements for
provision of low and very low income housing; and
The proposed development meets the intent of General Plan policies relative. to density
feathering.
Ezeep~ion ii -'Takings: The City Council may amend the Urban Growth Boundary if it
finds,, by at least asix-sevenths vote and based on .substantial evidence in the record, that:
The application of the Urban Growth .Boundary policies would constitute an
unconstitutional,.taking of a landowner's property; and
• The amendment:and associated land use designation will-allow additional land uses
only to the minimum extent necessary to avoid .said unconstitutional taking of the
landowner's property.
Ezcept~on I>[>< - Ta~~asit=0a-ientecl or Industrial Development: The City Council may
amend the Urban. Growth Boundary if it' finds, by at least asix-sevenths vote. and based
on substantial evidence in the record, that:
• The lands to be included within the UGB will be used for transit oriented residential
and local-serving commercial development; within .1500 feet. of a rail transit station;
and the Fire Department, Police Department, Department of Public Works, the
Community Development Department, Parks and Recreation Department, the School
District(s), and other relevant City departments and public agencies have adequate
capacity to accommodate -the proposed development and provide it with adequate
public services. No more. than 100 acres of land may be brought within the UGB for
this purpose before December 31, ~g 2025; or
• The lands to be included within. the UGB will be used -for office or light industrial uses
to, improve local employment. No land may be' brought within the UGB for this
purpose before~January 1, 2006. No more than 10,0 acres of`land maybe brought
within the U'GB' for this purpose before December 31, X2025. Such amendments
may be adopted only if the City Council makes all of the following findings:
-That there is no existing office or light industrial designated land available within
the UGB' that. could accommodate the proposed development and it is not
reasonably feasible to accommodate the proposed development by redesignating
lands within the UG'B for office and light industrial uses; and
- That the Fire Department,. Police Department, Department of Public Works, the
Planning Department, Parks and Recreation Department, the School District(s);. and
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other relevant City departments and public agencies have adequate capacity to
accomrriodate the proposed development and provide: it with adequate public
services; and
- That- the land to be included (1) is immediately adjacent to the existing UGB, and
(2) serviceable water and sewer connections can be provided; and
- That the land to be included meets the intent of the General Plan pertaining to the
preservation of open space or urban separator areas at the edge of the proposed
UGB expansion area.
The following areas have been. preliminarily identified as appropriate for potential
future expansion of the UGB; subject to the Council making the findings set forth in
the first-two sections of'Excepton III' above. The list is :not intended to be exclusive.
1. East of Lakeville Highway in the vicinity South. of Frates Road; or
2. West of Old Redwood.. Highway near Denman. Road/Orchard .Lane; or
3. The Haystack Landingarea along Petaluma.Boulevard South; or
4. Northeast .corner of Corona Road and railroad tracks; north of Sonoma Mountain
Parkway intersection.
The specific boundaries of any amendment to the -UGB will be determined at the time that
the amendment is adopted.
Exception. ~ - Agriculture„Agriculture Support or Related IDevelop~aent: The City
Council may amend fihe Urban Growth Boundary if it finds,. by at least asix-sevenths
vote and based on substantial evidence in the record, that the lands to be included within
the UGB will be used for an agricultural or agricultural support use. Agricultural Support
Use. shall mean an industrial, manufacturing or mixed u'se project which is determined by
the Ctyto support'the.regiorial agricultural community and economy and is dependent on
municipal services to .exist. Such agricultural or agrcultural'.support use amendments
may"be adopted only if the City Council makes all of the following findings:.
Tfiat there is. no existing agricultural or compatible light. industrial designated'land
available within the UGB to aceomrnodate the proposed development and it is not
reasonably feasible to accommodate the proposed .development by designating lands
within the UGB for agricultural or agricultural support uses; and
That the Fire Department, Police Department; Department of Public Works, the
Planning Department, Parks and Recreation Department; the School District(s), and
other relevant City departments and public agencies have adequate capacity to
accommodate the proposed development and provide it with adequate public services;
and
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•. That the land to be 'included (a) is immediately adjacent to the. existing UGB, and (b)
(serviceable water and sewer connections can be provided;. and
• That the land to be included meets the intent of the General Plan pertaining to the
preservation of open space or urban separator areas at the edge ofthe proposed UGB
expansion area.
Prior to adopting any :General Plan amendment pursuant to Exceptions I, II, III, or IV of
this Policy 1-P-32, the. City Council shall hold at least one noticed public hearing for the
purpose of receiving testimony and sufficient evidence. from the applicant and the public
on the proposed amendment and any findings proposed in connection with such
amendment. This hearing shall be in addition to any other public hearings regularly
required for a General `Plan'amendment.
1-P-33 Every effort shall be made to keep the visual separation that now exists between
communities, outside.. the Urban Growth Boundary. All references to the Urban Limit
Line in this General Plan and other City policies, ordinances, and regulations shall be
considered references to the Urban Growth Boundary.
1-P-34 The Urban Growth Boundary shall coincide with the dine shown on the official General
Plan Land Use Map until December 3 1, ~i~ 2025.
1-P-35 Growth shall be contained within the boundaries. of the Urban Growth. Boundary. The
necessary infrastructure -for growth will be provided within the Urban Growth Boundary.
1-P-36 For properties adjoining thee: Urban Growth Boundary, it is the intent of the City that
projects developed in the City or requesting City services shall be of limited density (as
shown on the General Plan Land Use Map), unless greater density is required to satisfy
the requirements of state housing .laws, and shall be designed to preserve the visual and
physical openness and preserve the aesthetic and natural features of that portion of the
property proximate to the.rural areas outside of the designated Urban Growth Boundary.
Sectflon`3: Confoaznfing Amendments.
In light of the General Plan amendments set -forth above, the Petaluma General Plan is hereby
amended as set forth herein in_ order to promote internal consistency among the various elements
of the General Plan. Text. to be inserted into the General Plan is indicated in under-iaaed >bold
type while text to be stricken `is presented in stri-lEee~tt type; text in standard type currently
appears in the General ,Plan and remains .unchanged by this measure. The language adopted in
the following amendments may be further amended as appropriate without a vote of the people
in the course of future updates and revisions to the General Plan.
1. Page i-10 is amended by the following text:
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The UGB was, established by voter approval as part, of Measure I in November 1.998 and
eztended by 1Vleasure in lyovembe~ 2010. The measure ensures that urban
development and provision of city water and sewer .services are contained within the.
UGB through December .31, X1-8 2025'. Although four possible expansion areas were
identified as ..locations where development could occur before, the UGB expires in 288
2025, the General .Plan assumes that all .growth. through 201.5 will occur within the
current UGB, reflecting community sentiment.
2. Page i-13 is amended by the following. text:
The 2025 General Plan does not anticipate. any new Specific -Plans within the ~-1-~ 2025
UGB.
3. Page 1-3 is amended by the following text:
Development i~n the western ~~half of the city is li~~rn~ited ~by hillsides and the UGB; while
expansion to the east is constrained by the UGB until ~~ 2025, a dedicated Urban
Separator, as well as the .presence of the Airport and its flight pattern.
4. Page 1-12 is amended by the following-text:
Urban Growth- Boundary (UGB'), Placed on the ballot. by the City Council in 1998, city
voters overwhelmingly adopted a fixed urban edge, which for the most part was
coterminous with the 198.7. ULL. Although the; 'UGB did not affect the growth
management. numbers, if confined. the growth and physical development of the city until
2018. In 2010, the City Council placed aballot- measure- before :the voters eztendin~
the IJG~ to 2025.
S. Page 1-13 is amended by-the: following text:
The voter-approved UGB will expire in 29-1-8 2025 ~~^'°~~ r°~°~~~°a. The General Plan
proy-riles direction to Pr~en~bal~le~reas~e to *'~°-'ee~exTend~g~h ° T~~
evaluate. growth. boundary .expansion .issues at the.
'time. of'md=term review in 2015.
6. Page 2-2 is amended by the following text:
The city's Urban'Growth Boundary (UGB), enacted by voters in 1998, and eztended laa
201'0, limits future development to areas immediately adjacent to, or within, the city's
current boundaries until ~ 2025 (for more discussion of the UGB, see Chapter 1: Land
Ilse and Growth Management).
7. Page G-9 is amended. by the following text:
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Urban Growth. Boundary (UGB). Boundary adopted in 1,9-98, and ezteniled in 2010' by
the City of Petaluma voters, within which all urban development is to be-contained fer-~8
~~, rr~ .,f; ~ ~n r:Qi until 2025.
Section 4: Iffiplementation.
A. Effective Date.. Upon the effective date of this measure,. the provisions of Section 2 of
the measure are hereby inserted. into the City of .Petaluma. General Plan as an amendment
thereof, except that if the four amendments of the .:mandatory elements of'the .general plan
permitted by state .law for any g" ven calendar year .have already been utilized in the
calendar year in which the measure becomes effective, this general plan amendment shall
be' the first amendment inserted: -in the .City's General Plan. on .January 1 of the next. year.
At such time as this general plan.. amendment is inserted. in the City of Petaluma General
Plan, any provisions of the City of Petaluma Implementing Zoning Ordinance, as
reflected in the ordinance itself or the City of Petaluma Zoning Map, inconsistent with
this general plan amendment shall not be enforced.
B. Project Approvals. Upon the effective date of this measure, the City and its
departments, boards, commissions; officers and employees; shall not grant or by inaction
allow to be approved. by .operation of law, any- general plan amendment, rezoning,
specific plan, tentative or final subdivision map, conditional use permit, building permit
or any other ministerial or discretionary entitlement, which is inconsistent with this
measure. Nothing in this measure shall be construed to prohibit the City from complying
with State laws requiring density bonuses and/or :other incentives for projects including
housing for seniors or-for low or very low income households.
Section 5: Ezennptions for Certain Projects.
This measure shall not apply to any development project that has obtained as of the effective date
of the measure a vested right'pursuant to state law.
Section b`ss Interpretation and Severab'ility.
This measure ,shall be interpreted so as to be consistent with all federal and state laws, rules, and
regulations. If any section, subsection, sentence, clause; phrase,. part, or portion of this measure is
held to be invalid or unconstitutional by a .final judgment of a court of competent jurisdiction,
such decision shall not.. affect the validity of the remaining portions of this measure. The voters
hereby declare that this measure, and each section, subsection,, sentence, clause, phrase, part, and
portion hereof would have been adopted or passed even if one or more sections, subsections,
sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any
portion of this measure is held invalid as applied to any person or circumstance, such invalidity
shall not affect any application of this measure that can be given effect without the invalid
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application. This measure shall be broadly construed in order to achieve the purpose stated
herein. It is €he intent. of the voters that fhe provisions of this measure. shall be interpreted `by the.
City in a manner that- facilitates the protection of agricultural and open space resources outside
the Urban Growth Boundary.
Section 7i Prior 1Vleasures Repealed.
All resolutions, ordinances and measures in conflict with the provisions of this measure are
superseded and repealed upon the effective date of this measure. However, rights or liabilities
accrued prior to the effective date of this measure under any chapter, measure, ordinance or.
resolution shall be deemed to remain in full force.
Section 8: Amendment oritepeal.
Except as otherwise provid'ed' herein, this .measure may be amended or repealed only by the
voters of the City of Petaluma at a City election.
E~aibnt Dist
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December 15. 2009
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ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PETALUMA RECOMMENDING TO TIDE CITY COUNCIL AN AMENDMENT
TO THE GENERAL PLAN TO BE SUBMITTED TO THE VOTERS OF
PETALUMA TO EXTEND THE EXPIRATION DATE OF THE CITY'S URBAN
GROWTH BOUNDARY"FROIVI`DECEMBER 31, 2018 TO DECEMBER 31, 2025
WHEREAS, the City of Petaluma General Plan 2025 was adopted on May 19, 2008; and,
WHEREAS, General Plan Policy 1-P-37(A) requires the city to present a ballot measure to the
community amending the General Plan to extend the life of the Urban Growth Boundary (UGB)
to 2025; and,
WHEREAS, a program EIR for the City of Petaluma General Plan was certified with
appropriate findings of fact on April 7, 2008 with the adoption of Resolution No. 2008-058
N.C.S.; and
WHEREAS, the city can rely on the certified EIR for the General Plan. to serve as the required
review of environmental impacts of extending the UGB through 2025 because that extension was
included in the projections of General Plan buildout and adopted as a General Plan policy; and
WHEREAS, the City's Planning Commission held a duly noticed public hearing to consider the
proposed General Plan 2025 amendment on November 24, 2009 and considered all written and
verbal communications before rendering its decision.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURT)EIER RESOLVED that the City of Petaluma. Planning Commission does hereby
find.-that the proposed amendment to the City of Petaluma General Plan 2025 is in the public
interest and will not have an adverse effect, on health or safety or be detrimental to the public
welfare or be injurious to property or public improvement and that the City of Petaluma General
Plan 2025 as so amended will remain internally consistent.
BE I')c FT)EIER RESOLVED the City of Petaluma Planning Commission does hereby find
that the proposed text amendments to the General Plan are consistent with the following goals,
policies, and implementing programs set forth in the General Plan:
Chapter 1: Land Use, Growth Management, & the Built Environment:
Goal 1-G-4: Maintain aparcel-specific Urban Growth Boundary.
Policy 1-P-37 Ensure that the UGB continues'to serve the community`~while allowing for
consideration of development to meet the goals .of this document.
A: Present ,a ballot measure to 'the community to extend the life of the existing
UGB ballot measure to 2025; consistent with the General Plan 2025. .
~E 'IZ' FITit~'R 1~SOLVIED that. the City of Petaluma Planning Commission recommends
that the City Council submit to the voters of Petaluma an .amendment to the City of Petaluma
General Plan 2025 extending the expiration date of the UGB from December 31, 2018 to
December 31, 2025.
PASSED, APPI~®VED AND' ADOPTED this day of 2009 by the
following vote:
AYES:
NOES:
A1sSENT:
ABS'TAT~I:
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