HomeMy WebLinkAboutOrdinance 1446 N.C.S. 11/03/1980~ ~ PL K : d h -~~6~@--
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ORDTNRNCE N0. I' T N.C.S.
INTRODUCED BY COUNC'ItMAN S ED BY COUNCILMAN
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AN ORDINANCE AMENDING CHAPTER 17.,26 OF THE
PfTALUMA MUN`ICIPAL CODE TO REVI:SE PROGEDURES
FOR THE.RESIbENTIAL QEVELOPMENT CONT~ROL SYSTEM
BE IT ORDAINED BY THE GOUN'CIL OF THE CITY OF PETAL-UMA AS FOLLOWS:
Section 1. Seetion 17:2b..020 of the Petaluma Municipal Code is hereby
amended to read as foJJows:
"17.26.020 Applicability.
This chapter and the provisions ttiereof shall apply to all resi-
dential develo ~nent in the city, includi'ng single-family (which includes
mobile homes) and multi-family housing, except for development of:
A. Elderly housing, faci:lities for the physically handicapped and low-
income projects ap.roved by the city;
B. Developments ,with~~~ dwelling units or less;
C. Areas of less than five acres wit'hin the already developed urban
area of the c1ty; provided, that no more than~~~~"~i:nits shall be
constructed' in any one eonstruction year.
No residential deVelo ~nehts~ject to the provisions as provided in this
cha,pter shall be undertaken, and no building pe,rmits shall be issued in the
city unless a developme,nt allotment has been obtai'ned therefor in accordance
with the provisions of this chapter, and unl:ess the proposed development has
been~ rezoned to a Planned.Unit Deve]opment Distriet."
Section 2. Section 17.26.030 is hereby added to the Petaluma Municipal
Code to read as fbllows.
"17.026.030 Numbe,r of allotments for the construc~tion year and reserva-
tion of all.o.tments for future yea~rs.
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The allotments for the current construction year shall be limited to the
total number established by ~ouncil resolution~not exceeding a total of five
per.cent°annual population growth. Actual cons:truction, including residential
units exempt f,rom developnent control, popuTation per- dwelling unit and the
economic ability of the community to provide increased publie services shall
be reviewed on an annual.basis and future years' allotments adjusted accordingly.
Residential units are to be divided between the east (all lands east of U.S.
Highway 101) and the west (all lands west of U.S. Highway 101) sides of the
city, plus such additional divisions and numbe,r of allotments for such year as
the `Gity ~ouncil in the exercise of its sound discre,tion may by resolution
authorize. Such additional units shall 6e subt.racted from the quotas for the
next year.
The division of allotments between single-family re_sidential units and
multi-family residential units and their loca-tions shall be established by the
~ity ~ouncil on an annual basis and estimated for an add'itional two-year
period, prior to the time establi`shed by said resolution for the submittal of
appl ications." .
Section 3. Section I7.26.035 is hereby added to the Petaluma Municipal
Code to read as follows:
"17.26.035 Reser.vations. ' ~~~~ J
Reservations are commatments for fu'ture years' allotments~~ Reservations ~C ,
shall be limited to fifty percent of all projected allocations by types and ~`~~
location for two years beyond the construction year under consideration.
Reservations shall be of two ty pes: Discretionary and Aatomatic, and
shall be considered as follows.
A. Discretionary reservation requests shall be considered at the time
- of current ye'ar allotment review and awarded on the basis of the
development's allotment priority. Award of ~iscretionary'~eservations
are for specific construction years and shaTl not be considered
N
i s awarded. Di scretionary ~eservati ons are ~an i.ndi cati on of .ounci 1 ~
and deVe~lo ~ntent for planning pu"rposes, an~r subject~cancellation
i f. i't `i;s shown that the ~~s pro:gre~s wi l l n t permi t timely ~
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construction, or that the developer cannot meet his commitments `~
under the development schedule. §
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allotments except during the construction year for which such reservation °~
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~• B. Automatic ~eservations are established to permit completion of
projects for which a portion of the allotments applied for is awarded
in the fi`rst successful allotment year. Projects receiving a partial
all,otment.awar in the onstruction year requested and receiving no
G(~iscreti"onary .` for succeeding years are eligible to receive
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at least 15 ~~ ~ per year ' for each
of the following two years, with the following restrictions:
1. No automatic reservations shall 6e granted to a portion of any
development which has not been appropriately rezoned or prezoned.
2. All automatic reservations shall be deducted from the reservations
available to be awarded by type and location for the year under
conside:ration.. When the number of developments qualifying for
automatic reservations for any one district (at 15 reservations
per develo,pment) exceeds those reservations available, then the
number of automatic reservations shall be reduced pr.o rata for
each development.
3. Automatic reservations cannot exceed 50% of a development's
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total allotment.
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m er o ow income uni s;
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Section 4. Section 17.26.040 of the Petaluma Municipal Code is hereby
amended to read as follows:
"`17.26.040 De.velopment allotment applieat'ion.
The application for rezoning or prezoning shal~l constitute the allotment
application upon submission of the followi.ng addi'tional items prior to the
allotment applicati;on dead'1ine:
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DRAFT #3_ PLK:dh 9/26/80
' A. A development schedule showing the ela psed times projected for each
stage of the development proeess (a time projection must be shown;
not a calendar tied to a particula.r year).
B. A statement from the developer indicating the minimum number of
allotments, or allotments and reservations, he would be willing to
accept, and the number of allotments and reservations desired, and
the construction year for which they are.desired.
C. Economic analysis fee and application - processing fee as approved
by City Council Such fees are not refundable."
Section 5. Section 17.26.050 of the Petalama Municipal Code is hereby
repealed.
Section 6. Section 17.26.060 of the Petaluma Municipal Code is hereby
amended to read as follows:
"17.26.060 Development Allotment Evaluation.
The Director of Planni.ng and Community Develo,„pment (or his designee)
shaTl compile the technical ratings of each eligible project as determined
pursuant to approval of the P-U-D rezoning, and shall determine the priority
of said projects from highest to lowest, based upon the rating."
Section 7. Section 17.26.070 of the Petaluma Municipal Code is hereby
amended to read as follows: ,
"17.26.070 Award of allotmentsr- -s
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A. The Director of Flanning and Community De.~eloPment shall notify each
a pplicant of his priority evaluation. Such notice shall be given in
writing at least ten days before the time for awarding allotments by
mailing a copy o:f swch notice to the applicant at the address shown
on the.applicat.ion.
B. The Director of Planning and Community beVeTopment shall report to
the ~ity ~ouncil the priority for the award of allotments under
consideration.
C. At the next regular meeting after receipt,of the evaluation report
from tlie Director of Planning and Communit. ;:pevel.opment the ~'ty ~,~
l~ouncil shall adopt a resolution to awar ~ llotment~ T e ity ~° `
~ounci'1 shall award the allotments and' reservations t~g developments
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in order of priority, u p to the maximum num6er available. Where
allotments availab1e are less than the minimum number any developer
is willing to accept (as stated on the application) the allotments
shall be awarded to the next developer willing to accept the number
available.
D. The ~ity ~oancil shall not award a development allotment or combination
of allotments and reservations for more than one hundred residential
units in a single residential development in a single year. For
purposes of this section a single development shall mean one or more
contiguous units or units on contiguous lands owned by any person,
persons, legal entity or entities or any combination thereof which
have a common ownership i,n.terest of more than fifty percent in each
such entity. If any question arises as to the nature of such
ownership interests, the developer or developers involved shall have
the burden of providing necessary evidence to show the lack of
forbidden common ownership interests. The award of reservations
will be subject to the condition that the reserved units will be
considered allocations only during 'the period o~ time for whicfi the
reservations are granted, and are subject to other conditions as the
council may reasonably impose. No develo ~nent may apply to obtain
more than a total of three hundred allotments or reservations or
combination thereof for either single-family or multi-family residential
units exce pt as provided in subsection E below. The three hundred
allotments limit shall not include developments for which a final
ma p has been subsequently a pproyed.
E. Where, because of the extraordinary natare of and costs of improvements
proposed in connection with a development applied for, it is shown
to be impractical to develop in small units, the ~ity ~ouncil, after
considering the facts, may increase the limit on reservations, but.
not allotments established in subsection D above. In granting said
increased reservation limit, the counail shall specifically find as
follows:
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1. There are~extraordina'ry on and off site public improvements to
be cons.trueted or provided with the proposed development, the
cost of which would make it impractical to plan and construct
the develo.pment without assurance that the enti're development
plan can be ultimately constructed;
2. The increa'se granted shall be beneficial to the public health,
safety and welfare.
Increased reservations pursuant to this secti~on shall be allowed at
no more than, one hundred units per year, averagedover the period of
time for which the extra reserva,tions are granted. For purposes of
this section., extraordinary ~blic impro,vements may include, but are
not limited to: significant increase of sewage treatment capacity,
major off-site water storage and' distribu,tion systems; major off-
site downstream storm drainage facilities; hi'llside development of
public improvements, and major off-site circulation and traffic
control facilities. Tlie ~ity ~ouncil may impose such conditions as
it finds reasonabl.y necessa ry to implement the requirements of this
section." ,
Section 8. Section 17.26.080 bf the Petaluma Mu.n'icipal Code is hereby
amended to read as follows:
"17.26.080 Appeal s to ~i ty F.~unci'1 . ~
An applicant may appeal to the ~ity ~ouncil~discretionary decisions made
pursuant to this chapter by filing a written not:ice of a ppeal with the ~ity
~lerk.within ten days a,fter the notice of such decision has been mailed. The
~ity l~lerk shall place the matter on the next agenda for a regular meeting or
may continue the matter at the applicant's request, at which time the ~council
will hear the applic.ant or his representative and such other person or persons
as may wish to testify before the ~ouncil in the determi.nation of the matter
of an ap;peal.. The ~ouncil 'may affirm or modify the decisi.on and its decision
shall be final and conclusive."
Section 9.., Section 17.26.090 of the Peta~luma Munac;ipal Code is hereby
amended to read as follows:
"'17.26.09Q Review of Progress; revocation; surrender of allotments.
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~` A. The Pla_nning Director no l:ess than ,quarterTy shall review each
development'for which all:o'tments or res:er.vations have been awarded
to determ~ine whethe;r satisfactory proyress has been made in pursuing
com,ple'tion of t:he project.
Satisfactory prog,ress sha]1 mean:
1. Approval of any necessary tentative subdivisi`:on ma p by the Gity
Council prior to tiie construction year for which the allotments
or reservation:s have been awarded; and, ~~~.~ ~~~-
w._.
2. Approval of any necessary fi`nal subdivision map pw~-ei°--~o
'~D'~'°`~~ ~'~- '' ' the al lotments
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o _". we~r:e award,ed~ or, ~,-
3. In projects not requiring subdivision.maps~~s~ ee of at
1 east'4ne bu'i~l di'r~g permi t for the pro;7ect p~`~ ~'~'r ~
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-• ' allotmen ~-ror reservations
~~ .'-`;~ but not as to any residential units for which a
buildi.n:g permit has not been obtained by said time.
B. Upon determ:i`nation of the developer's failure to make satisfactory
progress i.n pursu;in,g completi.on of the project, the Director of
Planning and Community Development shall re.~oke th~ allotments or
reservations awarded,for the applicable eonstructio,n year, unless he
shall find that the delay in obtaining the required approval was
caused by a delay by the City of P'etaluma beyond the ordinary processing
time for the application under consideration. No relief shall be
granted for applicant's or his agent's failure withi'n 15 days to
return corrected_documents or plans after notifiication that corrections
are required, or for other delays not attri,butable to the City of
Petaluma or~its agents or contractors.
C. Applicants may appeal determirrations to revoke allotments made under
subsection B hereof by appealing as set out in Section 17.26.080.
The City Council shall grant such appeal onl:y if it finds that the
factaal determinations of the Director are no~t true.
D. When revoca•tion of allotments or rese,rva'ti;ons becomes final, the
Director of Planning and Community°Dev.elopment shall request the
City Gouncil;, at its next regular meeti'ng to award the revoked
allotmen,ts or reservations to the~development next in order of
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priority for the eonstr:uction year under consideration which submits
a notiee of agreement to proceed w.ith cons~truetion and a reasonable
`~: but expedited development schedule satisfacto.ry to the Director of
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Planni'ng and the,City Council. Upon suc,h award, the new developer
shall succeed to the rights and obligations of the original recipient.
The Council may increase or decrease the award by five percent (5~)
if required by the unique and di'fferent characteristics of the
recipient development."
E. Upon determination by a developer that a project will not be constructed
pursuant to allotments or reservations awarded, allotments may be
surrendered by noti'fieation to the Director. The City Council.may
thereupon award the surrendered,allotment's or reservations as set
out in Subsection D.
Secti on 10. Sect'i on 17.26."100 of the P`etal;uma Munic.i pal Code i s hereby
amended to read as follows:
"17.26.100 Adoption not to invalidate. pre~ious- all:ocation systems.
Nothing contained in this chapter shall be construed to inva]idate allocations
awarded to developers pursuant to previously adopted allocation systems, nor
shall legislation adopting previous allocation systems be repealed by this
chapter, except for develo'pment occuring in construction years after the
effective date of this chapter. It is the intent of the ~city ~ouncil that
said previous systems and the procedures adopted thereunder shall continue to
be effective and govern the allocation proc.ess begun in the year each such
system was made effective.
Section 11. The City Clerk i.s hereby.directed to post/publish this
ordinance for the period and in the manner required by the City Charter.
INTRODUCED AND ORDERED POSTED/PUBLISHED this ~day of ~~'Y1 ~1-980.
~ a~q-o ~ ._].980'by the following vote:
AYES:
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ABSENT: ~ ~`~~ ' ~~~ ~
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Attest: Ma or
City CTerk Approved:
City Clerk
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