HomeMy WebLinkAboutResolution 2009-204 N.C.S. 12/21/2009Resolution No. 2009-204 N.C.S.
of the City of Petaluma, California
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF
AN ORDINANCE TO CHANGE THE URBAN GROWTH BOUNDARY EXPIRATION
IRATE TO DECEMBER 31, 2025 AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 2, 2010, REQUESTING THE SONOMA COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE
NOVEMBER 2, 2010 STATEWIDE GENERAL ELECTION AND PROVIDING FOR
SUBMISSION OF BALLOT ARGUMEN'T'S AND REBUTTALS
and,
WHEREAS, the City of Petaluma General Plan 2025 was adopted on May 19, 2008;
WHEREAS, General Plan Policy 1-P-37(A) requires the cityto 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, 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,
WHEREAS, 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,
and,
WHEREAS, November 2, 2010 is the date of the city's next regular municipal election;
WHEREAS, 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,
WHEREAS, Section 76 of Article XIl 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,
Resolution No. 2009-204 N.C.S. Page 1
WHEREAS, 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUIVIA
DOES HEREBY RESOLVE AS FOLLOWS:
1. 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 change 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:
1VIEASURE
"Shall an ordinance be adopted to change the expiration of Petaluma's YES
Urban Growth Boundary (UGB) from December 31, 2018 to
December 31, 2025?"
NO
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 10403, 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, the votes
canvassed and the returns made, and the results ascertained and determined as provided for
herein and the Elections Code.
(c) The election for the measure set forth in Section 2 shall be held in Sonoma County in the
City of Petaluma on November 2, 2010, as required by law, and the Sonoma County Election
Department is authorized to canvas the returns of that election with respect to the votes cast
in the City of Petaluna.
(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.
Resolution No. 2009-204 N.C.S. Page 2
(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 Elections Code Section 9282, the following headings, as appropriate,
shall precede the arguments' wording, but shall not be counted in the 300 word maximum:
"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 an organization 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 16, 2010.
(d) The City Council may authorize, by motion, a member or members to prepare a draft
argument for 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 council members authorized by the City Council to do so may sign the
argument for the measure. However, in accordance with Elections Code Section 9283, if the
argument. for the measure is signed by more than 5 council members, only the signatures of
the first five 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 members of the
City Council to cooperate with members of the community and/or interested parties and/or
organizations to prepare a draft argument for the measure.
(a) Pursuant to Elections Code Section 9285., when the City Clerk has selected the arguments
for and against the measure, that will be printed and distributed to the voters, the City Clerk
shall send copies of the argument. in favor of the measure to the 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 five 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 last 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 filing 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 following the
conclusion of that election are repealed.
Resolution No. 2009-204 N.C.S. Page 3
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 measure 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 placing the 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 Sonoma 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 of Petaluma, in accordance with California Elections Code
Section 12111 and California Government Code Section 6061. A copy of the measure shall
be made available to any voter upon request. The City Clerk is authorized and directed to
give further additional notice of the measure in time, form and manner as required by law.
(b) In all particulars not recited in this resolution, the election shall be held and conducted as
provided by law for holding municipal elections.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A ro ed a. to
Council of the City of Petaluma at a Regular meeting on the 21s` day of December, rin:
2009, by the following vote:
City torney
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None `~ 'T~
t _
ATTEST: ~~
City Clerk M, yor
Resolution No. 2009-204 N.C.S. Page 4
EXIIIBIT A TO RESOLUTION 2009-204 N.C.S.
CITY OF PETALUIVIA URBAN GROWTI-I BOUNDARY
The People of the City of Petaluma do ordain as follows:
Section 1: Purpose and Findings.
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, 2018 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 shall be changed only by a vote of the
people, except in certain circumstances and according to specific procedures set forth in
this measure.
B. Protecting the Environment and the 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 protect 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.
Resolution No. 2009-204 N.C.S. Page 5
C. Future General Plan Updates.
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 established 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 Amendments
2.1 Planning Boundaries Map, Land Ilse Map, and other Exhibits
The Urban Growth Boundary as depicted in the General Plan 2025 Figure i-3 Planning
Boundaries, Figure. 2-1 Land Use, and other 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.1 to this measure illustrates the location of the UGB adopted by this
paragraph.
2.2 General Plan 'T'ext for Goals, Policies, and Programs.
The following Goal, Policies and Programs appearing in Section 1.4 of the Land Use, Growth
Management, & the Built Environment 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 °*r~t; 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
Maintain aparcel-specific Urban Growth Boundary.
Policies and Programs:
Policies 1-P-29 through 1-P-36 reflect the 1998 UGB ballot measure.
1-P-29 It is the policy of the City to build within the agreed upon Urban Growth Boundary. No
urban development shall 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
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 cari 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.
Resolution No. 2009-204 N.C.S. Page 6
C. Encourage the County to continue to promote agricultural land use and to strictly limit
further residential infilling 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 ofprivileges enjoyed by other
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
not cause the Levels of Service specified in adopted City policies 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 1-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, 2-9~~ 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 Housing: 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 than 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,
Resolution No. 2009-204 N.C.S. Page 7
no more than 50 acres may be brought within the UGB before December 31, ~l-8 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.) Such amendment may be adopted
only if the City Council makes each of the following findings based on substantial
evidence in the record:
The 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
accommodate the proposed development and provide it with adequate public services;
and
The proposed development will consist of at least 25 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
• 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.
Exception 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.
Exception III -Transit-®riented 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 3l, 29-1-~ 2025; or
Resolution No. 2009-204 N.C.S. Page 8
• 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 100 acres of land may be brought
within the UGB for this purpose before December 31, ~9fg 2025. 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 UGB 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
other relevant City departments and public agencies have adequate capacity to
accommodate 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 Exception 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 Landing area 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 IV -Agriculture, Agriculture Support or Related 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 an agricultural or agricultural support use. Agricultural Support
Use shall mean an industrial, manufacturing or mixed use project which is determined by
the City to support the regional agricultural community and economy and is dependent on
municipal services to exist. Such agricultural or agricultural support use amendments
may be adopted only if the City Council makes all of the following findings:
• That there is no existing agricultural or compatible light industrial designated land
available within the UGB to accommodate 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
Resolution No. 2009-204 N.C.S. Page 9
other relevant City departments and public agencies have adequate capacity to
accommodate the proposed development and provide it with adequate public services;
and
• 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 of the 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 line shown on the official General
Plan Land Use Map until December 31, ~~ 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 the 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.
Section 3: Conforming 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 underlined bold
type while text to be stricken is presented in ~ 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:
The UGB was established by voter approval as part of Measure 1 in November 1998 and
extended by Measure in November 2010. The measure ensures that urban
development and provision of city water and sewer services are contained within the
UGB through December 31, 28-1-g 2025. Although four possible expansion areas were
Resolution No. 2009-204 N.C.S. Page 10
identified as locations where development could occur before the UGB expires in ~8
2025, the General Plan assumes that all growth through 2015 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 ~g 2025
UGB.
3. Page 1-3 is amended by the following text:
Development in the western half of the city is limited 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 1987 ULL. Although the UGB did not affect the growth
management numbers, it confined the growth and physical development of the city until
2018. In 2010, the City Council placed a ballot measure before the voters extending
the UGB to 2025.
5. Page 1-13 is amended by the following text:
The voter-approved UGB will expire in 28-1,8 2025 ~~~'°~~ r°„°~~~°a. The General Plan
provides direction to
..° +„ ~rnc ..,;+~, °.,°i,,.,+;,,,, ~~ evaluate growth boundary expansion issues at the
time of mid-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 extended in
2010, limits future development to areas immediately adjacent to, or within, the city's
current boundaries until 28~g 2025 (for more discussion of the UGB, see Chapter 1: Land
Use and Growth Management).
7. Page G-9 is amended by the following text:
Urban Growth Boundary (UGB). Boundary adopted in 1998, and extended in 2010 by
the City of Petaluma voters, within which all urban development is to be contained fer~~
yews-(=ant-i~-2~-8) until 2025.
Section 4: Implementation.
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 given 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.
Resolution No. 2009-204 N.C.S. Page 1 1
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: Exemptions 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 6: Interpretation and Severability.
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
application. This measure shall be broadly construed in order to achieve the purpose stated
herein. It is the intent of the voters that the 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 7: 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 or Repeal.
Except as otherwise provided herein, this measure may be amended or repealed only by the
voters of the City of Petaluma at a City election.
Resolution No. 2009-204 N.C.S. Page 12
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Legend
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® Potential UGB Expansion Areas
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December 15, 2009
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Exhibit A.1
Urban Growth Boundary and
Potential Expansion Areas
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