Loading...
HomeMy WebLinkAboutResolution 2008-085 N.C.S. 05/19/2008Resolution No. 2008-085 N.C.S. of the City of Petaluma, California RESOLUTION ADOPTING THE PETALUMA GENERAL PLAN 2025 AND MAKING FINDINGS REGARDING HOUSING OPPORTUNITIES PURSUANT TO GOVERNMENT CODE SECTION 65302.8 WHEREAS, in 2001, the City of Petaluma began the process of revising and updating its 1987-2005 General Plan in accordance with applicable law; and, WHEREAS, the City Council established and has conducted an extensive program of community input and involvement, including public outreach, a community survey, community workshops on visioning, work effort scope, land use and mobility alternatives, and preferred plan components to ensure that the General Plan 2025 will provide a sound planning document to serve the needs, and aspirations of the City and its citizens; and, WHEREAS, copies of the draft General Plan 2025 were circulated to state, county, regional and local agencies for review and comment and made available to members of the public through City Hall, the Petaluma Community Center, the Public Library, and the City's website; and, WkIEREAS, notices of Planning Commission and City Council workshops and public hearings on the draft General Plan were prepared and published in conformance with Section 65091 of the California Government Code; and, WHEREAS, the Planning Commission held public meetings and hearings on September 26, October 10 and 24, November 14 and 28, December 12, 2006; January 9 and 23, February 20 and 27, and, March 13 and 27, 2007 to hear testimony on the draft General Plan; and, WHEREAS, the Planning Commission considered all pertinent testimony, written and oral, as well as the information contained in the Environmental Impact Report in making its recommendations to the City Council; and, WHEREAS, the City Council held noticed informational meetings or hearings on the recommendations of the Planning Commission as well as on related General Plan matters brought to the Council's attention by the public, City staff and its own members on the following dates: October 2 and 16, November 6 and 20, December 4 and 18, 2006; January 22, February 5, 12 and 26, March 5 and 19, April 16 and 23, and May 7 and 21, 2007; and, WHEREAS, the Planning Commission held noticed meetings on the Final EIR on March 4 and 11, and April 1, 2008; and, WHEREAS, the City Council held noticed meetings on the Final EIR on March 31 and April 7, 2008; and, WHEREAS, the Planning Commission held noticed public hearings on the final draft General Plan on April 1 and 8, 2008; and, Resolution No. 2008-085 N.C.S. Page 1 WHEREAS, the City Council held noticed hearings on the final draft General Plan on March 31st, April 7, 14 and 21, 2008 at which time they considered all pertinent testimony, written and oral, and recommendations of the Planning Commission; and, WHEREAS, the City Council certified the Environmental Impact Report for the General Plan 2025 pursuant to the California Environmental Quality Act ("CEQA") on April 7, 2008 by adopting City of Petaluma Resolution No. 2008-058 N.C.S; and, WHEREAS, on May 19, 2008, the City Council adopted by resolution its Findings of Fact, Statement of Overriding Considerations and Implementation Plan and Mitigation Monitoring Program relating to the environmental effects of the General Plan 2025., in conformance with CEQA. NOW, THEREFORE, BE IT RESOLVED: Recitals. The above Recitals are true and correct and adopted as findings of the City Council. 2. Findings. a. ~ The General Plan 2025 ("Plan") has been prepared in accordance with all applicable provisions of State and local law, conforms to the State General Plan Guidelines and represents a consensus of opinion of the City Council, members of subordinate City bodies and commissions, and the citizens of Petaluma. b. The Plan covers all territory within the .Planning Referral Area as defined in the Plan, which. is unchanged from the 1987 General Plan and includes land within the City's jurisdictional limits and all areas within the City's Urban Growth Boundary ("UGB") and the City's Sphere of Influence, so as to address regional concerns affecting the City. c. The Plan conforms to Government Code Section 65302 by including the following seven elements: Land Use, Circulation, Housing, Conservation ("Natural Environment"), Open Space, Noise and Safety. The Plan also includes four optional elements that address local concerns: Community Design, Character and Green Building; Historic Preservation; Water Resources; and, Economic Health and Sustainability. d. Issues relevant to each Plan element have been adequately studied and analyzed and are addressed through goals, policies and programs, with additional supporting data and background information presented in the Plan text, official maps, and the Technical Appendices. e. The Plan is an integrated, internally consistent statement of city policies. The Land Use map is directly related to and consistent with the text of the Plan. g. The City Council adopts the Findings of Fact Regarding Housing Opportunities in Support of the Adoption of General Plan 2025 Pursuant to Government Code Section 65302.8 attached hereto as Exhibit A and incorporated herein by reference. 3. Plan Adoption. The City Council adopts the General Plan 2025 as its official plan and policy to govern the City of Petaluma and approves the plans, studies and documents that make up the Technical Appendices for the General Plan 2025. Resolution No. 2008-085 N.C.S. Page 2 4. Effective Date. The General Plan 2025 shall take effect thirty days from the date of the adoption of this Resolution, pursuant to State law, including Midway Orchards v. County of Butte (1990) 220 Ca1.App.3d 765, 778 and DeVita v. County of Napa (1995) 9 Cal. 4th 763, 787, fn. 9. 5. Severability. All portions of this Resolution are severable. Should any individual portion of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall be and continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion maybe held invalid or unconstitutional. 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 ~:ppPov~d as'to Council of the City of Petaluma at a Regular meeting on the 19`s day of May, 2008, ~ forrtt~~ by the following vote: ~ i ~}! AYES: Barrett, Harris, Nau, O'Brien. Vice Mayor Kabbitt, Mayor I'orliatt NOES: None ABSENT: Freitas ABSTAIN: None ATTEST: .' Deputy City Clerk City A Resolution No. 2008-085 N.C.S. Page 3 EXHIBIT A FINDINGS OF FACT REGARDING I-IOUSING OPPORTUNITIES IN SUPPORT OF ADOPTION OF THE GENERAL PLAN 2025 PURSUANT TO GOVERNMENT CODE SECTION 65302.8 The City Council has considered the effects of General Plan 2025 ("the Plan") and finds that its provisions are necessary to promote the public health, safety and welfare. One goal of the Plan is to accommodate Plan buildout by managing growth in a fashion that will ensure that housing opportunities in the region are not reduced because of Plan policies and programs. The 1Iousing Element (also called the "Housing Chapter" in the Plan) has not been revised because it is on a separate State-mandated time frame. It is currently certified in accordance with the requirements of the State Department of Housing and Community Development and is valid from 2002-2009. In June 2009, the Housing Element will be updated and incorporated into the Plan as updated. The City Council finds that housing opportunities in the region are not reduced because of Plan policies and programs. However, to the extent that they may be reduced, those reductions are justified to protect the character and quality of life for existing and future residents by managing and balancing new residential units so as not to exceed available resources, including the developable land supply, public infrastructure capacity, public services and fiscal resources. Pursuant to Government Code Section 65302.8, the City Council also makes the following specific findings: As stated in Table 11.4-1 of the Housing Element of the Plan, the City's appropriate share of the regional need for housing is identified as a total of 1,144 units for the Housing Element planning period of 1999-2006, at an annual average rate of 152 units per year. 2. The Residential Growth Management System ("RGMS") contained in the Land Use Chapter of the Plan at Goal 1-G-6, Policies 1-P-46 and 1-P-47, page 1-22, continues the RGMS from the 1987 General Plan. Although the RGMS limits residential development in the City to a maximum of 500 units per year, the maximum number of permits has not typically been reached since 1998. The RGMS also contains exemptions for multi-family housing for the elderly, low-income and very low-income housing as well as for projects on sites of less than five acres and with fewer than 30 units. The RGMS maximum, even if applied, is more than three times the city's current annual average additional housing need of 152 units per year. Therefore, the RGMS, while technically a limit on the number of housing units which may be constructed on an annual basis, is not a constraint that would reduce housing opportunities in the region. The Urban Growth Boundary ("UGB") set by citizen initiative in 1998 limits growth to areas within a defined geographic limit that includes almost all of the city limits and certain specified adjacent areas. The Plan's Land Use Policy 1-P-1 requires the city to promote a range of land uses at densities and intensities to serve the community needs within the UGB. The programs which are designed to meet the overall land use goal of the Plan include the encouragement of mixed-use development (1-P-5), allowing land use intensification at strategic locations along arterial corridors (1-P-10) and encouraging reuse of under-utilized sites along E. Washington Street and Petaluma Boulevard as Resolution No. 2008-08~ N.C.S. Page 4 multi-use residentiallcommercial corridors (1-P-11). The Central Petaluma Specific Plan remains in effect, and facilitates more intensive development of vacant and underutilized land with a significant component of new housing near downtown and a proposed transit center. The Housing Element of the Plan at page 11-39 determines that as of July 2002, potential growth on land within the UGB could accommodate 1,626 single-family and 3,536 multi-family units. As stated in the Housing Element at page 11- 39, because there are ample areas within the UGB to more than accommodate Petaluma's regional `fair share' of new construction, the UGB is not a constraint on the ability of the city to meet its housing needs. 4. The city has consistently exceeded its housing goals by substantial amounts and the Plan will not change the city's ability to meet housing goals through buildout. Table 11.6-6 of the Housing Element showed the city's "Remaining Regional Housing Need" as of August 2002. At that point, the city had 1129 units complete, 325 units under construction and an additional 276 units approved, totaling 1750 units, 586 more than the State's allocation to Petaluma for the entire 1999-2006 period. Additional housing has come on-line since 2002. The city has exceeded its `fair share' allocations in every income sub-category, including very low, low and moderate income. 5. The specific programs and activities of the city which are undertaken to meet its obligations under the Housing Element include the Petaluma Community Redevelopment Commission ("PCDC") program to administer redevelopment tax increment set-aside funds for affordable housing; partnerships to develop affordable housing with nonprofit housing organizations such as Burbank Housing Development Corporation, Eden Housing and Petaluma Ecumenical properties; the city's inclusionary housing program . requirement for new development; participation in the Mortgage Credit Certificate o. Program administered by the Community Development Commission of Sonoma County; the~First-Time Homebuyer Downpayment Assistance Program for low and moderate- income households; administration of the city's Mobile. Home Rent Stabilization. Ordinance.; support for the Petaluma People Services Center Homeless Prevention Program including the Mediated Assistance Program and the Renters Assistance Program; support for the Community on the Shelterless (COTS) Singles Shelter and Opportunity Center and COTS Family Shelter; support of the Salvation Army's Petaluma Area Transitional Housing Program (PATH); participation as a lead agency in the Countywide Continuum of Care planning process; support for Rebuilding Together with Christmas in April -Petaluma and Community Resources for Independence; and the BEGIN program which provided first-time homeowner opportunities in a subdivision of manufactured housing units. 6. Funding for housing programs is obtained from a variety of sources, including PCDC redevelopment tax increment funds and inclusionary housing in-lieu fees. imposed on new development. The city is an Entitlement Jurisdiction under the U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) program. which has resulted in major state and federal funding and program opportunities. The city has also made use of tax exempt bonds for funding housing projects, and encourages appropriate land donations. 7. As shown by the analysis in the General Plan 2025 and its Environmental Impact Report, the city has fiscal and environmental resources available for implementation Plari policies and programs, including housing programs. The Plan provides for an expansion of Resolution No, 2008-08~ N.C.S. Page 5 existing infrastructure to serve ultimate buildout of the Plan, including water and wastewater programs that will provide an adequate potable water supply and wastewater capacity, mobility improvements and public safety, park and community facilities that will be expanded to maintain present levels of service for new residents. The Plan also provides that periodic reporting and monitoring will be performed to ensure that the pace of development does not exceed the necessary infrastructure, services and facilities capacity. The General Plan 2025 report, "Fiscal Impacts of the General Plan 2025" (Mundie & Associates, March 2008) analyzes impacts of Plan development on the city's operating budget and the impacts of expected future budget conditions. It concludes that development permitted by the Plan, will fiscally benefit the city in the long run and that the city's plans for short- and long-term development will assure fiscal balance over the term of the Plan. Revenues are expected to exceed costs each year throughout the life of the Plan (Mundie, p. 20, Table 14). In addition to the housing program funding sources identified above, city revenue sources include, but are not limited to, property taxes, sales and other taxes, license and permit fees, fines, investment earnings, charges for services, development impact fees, water and sewer capacity and park land acquisition fees, grant funds and redevelopment tax increment funds. Resolution No. 2008-085 N.C.S. Nage 6