HomeMy WebLinkAboutAgenda Bill 4CPart1 06/21/2010k>~~'L U~
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DATE: June 21, 2010
TO:
FROM:
~ =~ - It~~#4.C
Honorable Mayor and Members of the City Council through City Manager
Eric Danly, City Attorney
SUB7EGT,: ~ City Council Consideration and Direction.. to .Staff Regarding Submission of a Ballot
Argument For and a Rebuttal Argument in Response to a Ballot Measure Extending the Urban
Gro~wth:Boundary (UGB) Expiration from December 31, 2018,. to December 31, 2025, To Be
'Submitted to the Voters at-the November 2, 2010, Statewide Election.
REC®1VI1V1ENDA'TI®N:
Provide direction to staff regarding submission of a ballot argument for and a rebuttal argument. in
response to the ballot measure extending the Urban Growth Boundary (UGB) expiration from
December 31„ 2018, to December 31, 2025, to be submitted to the. voters at the November 2, 2010, •-
statewide election.
BACKGROUND:
The UGB. was established. by voter approval as part of Measure I inNovember 1998. The UGB
limts° the location of urban development, and the provision of city water and sewer services through
December 31, 2p1.8. The UGB will expire in 2018 unless renewed and requires a vote of the people
to modify orreseind 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 commuriityto extend the life of the UGB
to 2025, 'The proposed 'changes to the General Plan will be limited to text corrections in Policies 1-
P-3:I, 1-P-32 and 1-P-34, changing the expiration date of December 31, 2018, to December 31,
20.25,, and minor° text. edits among other elements of the General -Plan to promote internal
consistency.
On.March 2, 2009, the CityCouncil provided direction to staff to prepare an:ordinance extending
the. JGB expiration date to December 31, 2025., .for. placement on the. November 2, 20.10, ballot.
The Gouncil.requested that 'this item be reviewed by the Planning Commission for a
recommendation to the Council. In addition to the timeline extension, the Council provided
direction to review-removirig the Possible Expansion.Areas from the UGB, provided that removal
would not trigger a re_quircment 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
Agenda .Review:
Dept. Direc r City Attorne Finance Director City Man2~-~~ 1
Expansion Areas. The Commission unanimously approved a resolution recommending the
extension ofthe UGB expiration date to December 31, 2025, and leaving the-remaining UGB
language as is.
Based on the recommendations from the Planning Commission; staff and the City Attorney's office
prepared a proposed ordinance making the changes. to the UGB extending the expiration date of the
UGB from December 31, 2018, to IDecember 31, 2025, and making textual changes to the General
Plan 2025 to promote 'internal consistency, to be presented to the voters on November 2, 2010.
On December 21, 2009, the City Counc'1 reviewed and discussed the proposed ordinance extending
the expiration date of the UGB and "adopted Resolution No. 2009-204 Ordering the Submission to
the Qualified Electors' of the City of'an Ordinance to Extend the ilrban Growth Boundary
Expiration Date 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, 201.0 Statewide General Election and Providing for the Submission
of Ballot Arguments and Rebuttals: The ordinance further directed the City Attorney to prepare an
impartial. analysis of the. proposed ballot. measure. A copy of the Agenda Bill and attachments
thereto for the December 21, 2009; City Council meeting, which includes Resolution No. 2009-204,
the text of the proposed measure and a copy of Resolution No. 2009-204.: adopted by the Planning
Commission on November 24, 2009, are contained in Attachment 1.
I)IS~USSI®N:
1. Argument'in Favor of the Measure
Elections Code sections 9282 ..and 9283 permit the City Council to submit. a written argument in
favor of or against a ballot measure ;placed on the. ballot by the City Council. The argument cannot
exceed 300 words in length,. and maybe signed by not more than five persons. The following
heading must precede the argument; but does not count in the 300 word maximum: "Argument In
Favor of Measure " (the blank space contains the letter or number, if any, designating the
measure). (Elections (Elec.). Code § 9282.)
The City Council may authorize, ~by motion, a member or members of the Council to prepare a draft
argument in favor of the measure ..and: to return the draft for consideration and adoption by the City
Council at a duly noticed meeting.,of the City Council. Any Council members authorized by the
City Council to do so may sign the argument in favor of the measure. (Elec. Code §; .928-7.)
However, if the argument-in support of the measure is signed,by more than five Council members,
only the. signatures of the first five Council members to sign ahe ballot argument will be printed with
the ballot; argument. (E"lec. Code § 9283..) Alternatively, the .City Council may authorize, by
motion, a member or members of the City Council to cooperate witli.members of the community
and/or interested parties and/or organizations to prepare a draft argument in favor of the measure.
The arguments must 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 1Vlonday, August 16, 2010.
(Elec. Code § 9283.)
2
If more than one argument for or against the measure is .submitted, the City Clerk must select one
argument -for and one argument against. the' measure for printing and, distribution to the voters. In
selecting the argument, the City Clerk must. give preference and priority in the following order:
(a) ; To the City Council, or member or members of-the City Council authorized by the Council
to prepare the argument;
(b) To the individual voter, or bona fide association:of citizens, or combination of voters and
associations, who are the bona fide sponsors or proponents of the measure;
(c) To bona fide associations of citizens; and
(d) To individual voters who are eligible to vote on the measure. (Elec. Code § 9287.)
2. ~ 1ebuttal Argument
Purs'I ant to Elections Code section 9285, the City Council authorized the submittal ofrebuttal
arguments and adopted the Elections Code provisions outlining the procedures for distributing
arguments for and. against. the measure. Those procedures. are as follows:
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 must. 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. (Elec. Code § 9285.) Rebuttal arguments may not, exceed 250 words and may
be signed by more than five persons: However, as with the arguments in .favor and against, only the
first five persons to sign will ;be printed with the ballot measure.. The persons who sign the rebuttal
arguments maybe different from the persons who signed the direct arguments. Rebuttal arguments
for or against the measure -are due by 5:00 p.m. on August 26, 2010.
I
FINANCIAL IlVIPAC'I'S:
i
The cost of placing this item on.the November 2010 ballot is estimated between approximately
$10,000 and $17,800. These estimates include approximately $1,400 in legal support, $700 in City
Clerk time,. and County election charges ranging from $7,900 to $15,700. Monies are budgeted in
the City Clerk's budget to support this cost:
Total.Cost of-Proposal or Project: $10,000 to $17,800.
Amount budgeted: $80,000
Name of Accounts: :Legal Services.; City Clerk/1Jleetions/Itegular Salary Full-Time, and
®ther Operating. Services
Account Numbers:. 1100.1..1310.54:120; 1100.11321.51110; 11D0.11321.54310
Current Account I~alance: .$80,000 .for FY 2010-2011
ATTACIIIVIEN'Y'S
1. Agenda Bill from December 21, 2009, City Council Meeting and attachments thereto.
2. Resolution No. 2009-204.
1463581_1.DOC
CITY OF'PETALUMAy CALIFORNIA
~~~ ~;
December 21, 2009
r enda 'T'itle: City Council Consideration and Direction. on Submission of a 1Vgeetin~ Date: December 2:1, 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 PIVI
Extending the UGB Expiration .from December '31, 2018 to December 31,
2025. '
Category; ^ Presentation ^ Appointments ^ Consent ®Pnblic Hearing ^ Unfinished Business ^ New Business
Departu~ent' Director: Contact Person~° Phone Number:
City Manager John Brown Scott Duiven ~ °'' ~~? 778-4511
City Attorney Eric Danly Leslie Thomsen 778-4362
City Clerk ~ Claire. Coo er Claire Cooper 778-4360
Total Cost oiFProposal or Pro-pect: <$7,800"4to $15,600, Name off.Fund: City Clerk -Elections
plus .staff and! attorney time.
~ Account Number: 1100.11321.54310
Amount budgeted: $0
Current Fund )Balance: $0
Recommendation: It is recommended that the City Councii .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 priorto second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been. published/posted prior to second
reading; see Attaehinent
~. ~] Other action requiring special notice`. Notice has been given, see Attachment
Summaa~ Statement: The 1998 Urban Growth Boundary (UGB) contains a total of 9,900 gross acres
(including streets, the Petaluma Rivers and: other rights-of--way). Four "Possible Expansion Areas" identified in
.the voter-adopted UGB measure include:: approximately 33'0 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 19.98. The UGB limits the location of urban dev.eloprnent and. the provision of city water and sewer
services through December 31, 201'8. 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 ri '.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 P1'an 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', 202'5 and .minor text. edits ainorig other
:elements of the General. Plan to promote internal .consistency (as, noted n,Attachment 1;). The attached resolution
provides for `the submission of a bal"lot measure to the voters: on the November 2, 2010 ballot .extending the: UGB
expiration,d"ate to December 3'L; 202'5.
Attachments to Agenda Picket Item:
1. Resolution Submitting ,the. Poposed Ballot Measure for the .November 2, 20'10 'Election
2. Figure i-3 Planning Boundaries
3. Planning Commission Resolution.
re'viewed` bv, Fiaance:Drector: Reviewed by City Attorney: A ro ed i 1VI~na er:
~~~~
IDate: /~ `' Q Date: Date:
Rev. #' ~ ~ Date Last e'ised: File-
CITY' ®F PETAI,iJli~A, ~AI.IFORNIA
DECEMBER 21, 2®O9
AGENDA REPORT'
~'OR
CITE COiTNCIL CONSII)EItATTON.AND DIRECTION ON SUBMISSION ®F A BAI.,I~O'I'
MEASI7RE TO TIE VOTERS AMENIDING TIIE GEN'ERAI. PLAN 2025 `'I'O INCLUDE POTEN'I'IAI,
CHANGES 'T'O ~`` URBAN GROW'T'H $OiJNI)ARY (IJGB), INCI:.Ul)ING EX'T'ENDING TIIE UGB
EXPIRATION' I'RO1VI DECEMBER 31, 2018 'T'O DECEMBER 31, 2025.
1. R~coMMEivnATioar: Adopt the proposed resolution (Attachment l), submitting the UGB extension
measure to the voters on the November 2, 2010 ballot.
2. BaexcROUrin: The. 1,998 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
~rclusivc, and' specific exception findings must be made for any expansion, including within the Possible
,.~pansion 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 UGB 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 m 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; i`s 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 theCity 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
^f the UGB and per Council direction the potential removal of the Possible Expansion Areas. There were no
.blic 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 Comrniss`ion unanimously approved a
resolution recommending the .extension of'the UGB expiration to December 3 L, 2025 and leaving the" remaining
UGB- language as is (see Attachment 3).
5
3. DgSCUSSION: 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 ~.
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 case. Annexation outside the UGB, whether in a Possible
Expansion Area or not, requires: asx-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. propos 1-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 tlexbi'lity built. into thee. Urban Growth Boundary
measure to address the specified purposes o.f 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 i
possible that additional CEQA evaluation will 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 t1i"e 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 fio the voters on November 2, 2010. 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 3--1, 20'1.8 to December 31, 20.25 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'ilvalvctAI.INIrAcTS:
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 $15,600. In addition,. there are staff and attorney costs
associated with preparing this item. and the future ballot measure preparation. and arguments. The FY 10/11
budget will need to incorporate the .cost of this item, along with other anticipated ballot measures into the City
Clerk's elections budget.
.Resolution No. 2009- N.C:S.
of'the City of Petaluma, California
ORDERING TIIE ~SLT~MISSION 'I'O TIIE Q.UALIEIEID ELECTORS ®F'
T'>EIE. CITY OF AN OItIDINANCE. TO EXTEND THE URBAN GROWTH
BO~JNI)ARY EXP-IRATI®N'I)AT'E TO DECEMBER 31,;2025 AT 'I'~IE
GENERAL.IV$IJNICIPALELECTION TO BE I-IEL,I) ON TUESDAY',
N®VEIVIBER,2, 201'0, REQUES~'ING T>EIE SONOMA COZTNTY BOAR
~ ®F SiJPERVISORS ~'O COIVSOI,IDATESAH) ELECTION WITH TIIE
~ NOVEI~ER 2, 20:1;0; STATEW~E GENERAL ELECTION ANI)
PROVIDING i+'OR SiTB1VIISSI®N OF'DAI.L®T ~RG'ITIVIENTS ANI)
~ ItEBiJTTALS.
WHEREAS, 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,
W~REAS, 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
W~RE'AS,, he 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 Plari buildout and adopted as a General Plan policy; and
W>FIEREAS, 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
WI~E~AS,.on December. 8, 2009, the Planning Commissionconsidered all written and oral
communications; the staff :report and all supporting. documents relating to said actions before
voting" fo recommend that, the City Council place on the November 10, 2010 ballot the General
Plan amerdinerit,set forth herein; and
V`'I~ItEAS, November 2, 20.10 is the date of the city's next regular municipal election;: and
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
W)[~REAS, Section 76 of .Article XII of the Petaluma City Charter provides that ordinances
mays 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 '
W i + RYAS, 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;
N®VV, T>EIE~FORE, T>E~E CI~'Y COI7NCIL OF T1E~ CI`1cY OF PETALiJNIA IDOES
I~ERE>BY RESOLVE AS FOLLOWS:
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 December3l, 2025.
2. The ballot language for the proposed ordinance shall be as follows:
1VIEASiTRE
`~ Shall an ordinance be adopted to extend the expiration.. of Petaluma's YES
Urban Growth Boundary (UGB) from December 31, 201.8 to
December 31, 2025?"
lvO
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.
i.
4. (a) An election on the measure set forth in Section 2 shall beheld in conjunction with
the municipal eleetiort fo be held in the City of Petaluma on Tuesday, November 2, 2010.
In accordance with fhe Petaluma City Charter aril California Elections. 'Code Section.
1.04'03:, ;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
2
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
he 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 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 befial'f .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 o~f the City Clerk prior to 5:00
pm: on Monday, August 16, 201'0.
(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 argurnentfor 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 ofthe 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 Clerk has selected
the arguments, for and .against the measure, that will be printed and distributed to
the voters; th'e City Clerk shall send copies of the argument in favor of the
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,measure to, the authors of the argument against, and copies of the argument
• against to the authors of theargument.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
inay be different persons than the .persons Ghat 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
Cityof Petaluma measures arerepealed. The provisions of this resolution
concerning rebuttal ,arguments shall only apply to the election o be held on
~ November 2, 20.1:.0, and following 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 ofthe 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. ofplacing-the measure on the election ballot.
9. ~ (a) Thee 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 6 201.0: 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 .bey 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 ishall be held
and conducted as provided bylaw for holding municipal elections.
AYES:
NOES:
ABSENT:
ATTEST:
Deputy City Clerk Mayor
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1O~
',EXHIBIT A TO RESOLU~IOIV 2009- N.C.S.
CITX OF PE`I'AI:.ITliRA TJRBAN GROWTH >BOjJNl)ARX
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 cerfain circumstances and according to specific procedures set forth in
this measure.
B. Protecting the Environment and the Economy.
The open space aurrouriding 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.:efficent 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 qn lands outside Petaluma's Urban Growth Boundary;
3. Foster and' protect Petaluma's natural setting, while encouraging, appropriate economic
dev..elopment in,accordanee 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 ervices and- restrain increases in their costs;
S. Allow the City to continue to meet the housing need's 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.
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6. Promote stability in long-term planning for the: City. by establishing a cornerstone
policy within. the General Plan designating the geographic Iimt_s of long-term urban.
development and allowing sufficient flexibility within those limits to respond to the
City's changn_ g needs over time.
C. )E±'uture Generale "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 fhe people. The Urban Growth
Boundary established by this measure may also. be changed at any tune 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 1~oundaries Tap,. Land gJse 1VIap, and. oilier Ezhibits
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.l to this measure illustrates the location of the. UGB adopted by this
paragraph.
2.2 General Plan 'hezt for Goals, Policies, and Programs.
The I 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 ~t forth below (in this, Section 2 of-this measure,. text to
be inserted into the General Plan is" indicated. ri 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
Maintain aparcel-specific Urban Growth Boundary.
Policies and Programs:
Policies 1-P-29.,through, l -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
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Hydrants 'and other physical public facilities and services; but shall not mean providing
municipal or public services toopen 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 tune 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 greatesf 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. mfilling 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 onparcels 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 operi
space uses•as defined in Government Code section,65560 as of July 1, 1998, doesnot
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
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 3l, ~~ 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 - Affoa-dabfle Dousing: 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-maybe brought. within the UGB in subsequent years, provided that,
no more than 50 acres may 6e brought within the UGB before December 31, X8-1-~ 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 adj acent to existing comparably developed areas and the
applicant for the reciesignation 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 2S 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.
Ezeeption )<Y - 'T'akings; The City Council may amend the Urban. Growth Boundary if it
finds, by at least asx-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-:Oriented 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 ofland:may be brought within the UGB for
this purpose before December 31, ~1-~ 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'withn the UGB forahs
purpose before January 1, 2006. No more than 100 acres of land may be brought
within the. L7GB for this purpose before December 31, ~~'2025. Such amendments
-may be• adopted ,only if the City Council makes all of the following findirigs:~
-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
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other relevant City .departments and public agencies have adequate capacity to
accommodate the proposed development. and provide it with adequate public ,
cervices; and.
- That the and 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.
Thefollowing areas! h"ave been preliminarily identified as appropriate for potential
future expansion of the UG'B, subject to the Council making the findings set forth in
the frst.two sections of Exception IIT 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.
~zceptaon YV - 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. Sueh.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
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 landto 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
Plari Land Use'Map until December 31, ~~ 2025.
1-P-35 Growth shall be confairied. 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
hown 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.
Sectnon, 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 st-rift 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,
Page i-1O is amended by the following text:
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The UGB was`established by voter approval as .part of Measure I 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, ~~ 2025. Although four possible expansion areas were
identified as locations where development could occur before the UGB expires in 2A-1-~
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 ~8 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 28-1 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
20'18.. In 2010,. tlhe City Conncal -placed a ballot :measure- before the voters eztending
tlae UGB "to 2025.
5. ~ Page 1-13 is amended by the following text:
The voter-approved UGB will expire in 28-f~ 2025 ~~~'°°^ ~°~°~T~°a. The General Plan
provides direction t0 ;~°"°-~cri~r-c^r viT~rle~P$SI~Fe-te tl3la-cv^'cmzraiatTcir~c~iunig *c ie T-~n
.-,.,°.,°,,;.o *,,. ~mc .,;;+r, o.;~~,,.,*;,;~ -„~ evaluate growth boundary expansion issues at the
time ofmi`d-term;revew in 2015.
6. Page 2 2 is amended, by the following text:
The city's Urban Growth Boundary (UGB), enacted. by voters in T998, and eztended in
2010,, limits .future development to areas immediately adjacent to, or within, the city's
current boundaries until X9-1-8 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:
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Urban Growth Boundary (UGB). Boundary adopted in T998;. and eztended in'2010-by
the City+of Petaluma voters, within which all urban development into be contained €e~8
ems, z-~, .,*•i -ins sii y~nti12025.
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 Zgni~ng 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 andemployees, 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 his 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: ~Ezemptions 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 Severa6ility.
This :measure shall be interpreted so as to be consistent with. all federal and state laws, rules,,, and
regulafioris. 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 °applcation 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
herelin. 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.
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Section 7: Prior IVleasures Repealed.
All (resolutions, ordinances and measures in conflict with. the provisions of this measure are
supirseded 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.
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Section 8: Anaendffient or Repeal.
Excl pt as otherwise provided herein, this measure may be amended or repealed only by the
voters of the City of Petaluma at a City election.
E~ibit List
Exhibit A.1 -Urban Growth Boundary and Potential UGB Expansion Areas.
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RESOI,IT'I'I®N 1V0.
~ A_RESOLUTION OF THE PLANNING COMMISSION OF TIE CITY OF
PETAI.iJMA RECOMMENDING TO'THE CITY COUNCIL AN AMENDMENT
TO THE GENERAL Pd.,AN TO BE SUBMITTED TO THE"VOTERS OF
PETALUMA TO EXTEND THE EXPIRATION DATA OF THE CITY'S"URBAN
GROWTH BOUNDARY FROM DECEMBER 31, 2018 TO DECEMBER 31, 2025
WI~EREAS, the City of Petaluma General Plan 2025 was adopted on May 19,.2008; and,
" "
WHlE12EAS, General Plan Policy 1-P'-37(A) requires the city to present a bal of measure to the
community amending the General Plan to extend the life of the Urban Growth Boundary (UGB)
to 2025; and,
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V~I~REAS, 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-OS8
N:C.S.; and
WHlE12EAS, the city can .rely on the certified EIR for the General Plan to serve as the required
revie'w'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
WH~~REAS, 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.
N®~V, ~'>E)~REF®)~, >BE; _I`I' RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
)8E IT FUI2T'IIER 1tES0>LVED 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 wl'1 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 s'o amended will remain internally .consistent.
>~E .I~' ~JRTR 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.
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