HomeMy WebLinkAboutOrdinance 1446A N.C.S. 11/24/1980: ~ . i ,
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ORDINANCE NO. 1446 A N.C:S: ~N'~~~~~ ~~ ~~~r /~~
I'NTRODUCED BY COUNCILMAN °SECONDED BY COUNCILMAN
COUNCILMAN HARBERSON WILLIAM A. PERRY
AN ORDINANCE AMENDING CHAPTER 17.26 OF THE
PETALUMA MUNICIPAL CODE TO REVISE PROGEDURES
FOR THE R'fSIDENTIAL DEVELOPMENT CONTROL SYSTEM
BE IT ORDAINED BY TNE COUNCTL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Section 1J.26..020 of the Petaluma.hlunicipal Code is hereby
amended to read as follows:
"17.26.020 Appli.cabili:ty.
This chapter and the provisions thereof shall apply to all resi-
dential d'evelopment i'n the city, including single-family (which includes
mobile homes) and multi.-family housing, except for developnent of:
A. Elderly housing;, facilities for the physically handicapped and low-
income projects. apprvved by the eity;
B. Develo pnents with fifteen dwelling units o,r less;
C. Areas of less than five acres within the already developed urban
area of the city; provided, that no more.than fifteen units shall be
constructed i'n any one construction year.
No residential develo pnents subject to the~provisions as provided in this
cha pter shall be undertaken, and no building permits. shall be issued in the
city unless a de~elopn_ent allotment has been obtained therefor in accordance
with the provisions of this chapter, and unless the proposed development has
been rezoned to a Planrred Unit Qevelo pnent District."
Secti on 2. Sec•ti on 17. 26. 030 i s hereby ad'ded to the Petal uma P~lun i ci pal
Code to read as follows.
"17.026.030 ,Number of allotments for the construction year and reserva-
ti'on of allotmen:ts for future years.
Ord, No. 1446 A N.G.S.
PLK:dh 10/5/80
The allotments for the current construction year shall be limited to the
total number established by Council resolution not exceeding a total of five
percent annual po ~lation growth. Actual construction, including residential
units exempt from d'evelopment control, population per dwelling unit and the
economic ability of the community to Provide increased public services shall
be reviewed on an annual basis and future years' allotments adjasted accordingly.
Residential units are to be d:ivided between the eas~t {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 number of allotments for such year as
the City Council in the exercise of its sound discretion may by resolution
~yauthorize. Such additional units shall be subtracted from the quotas for the
next year.
The division of allotments between single-family residential units and
multi-family residential uni'ts and~their locations shall be established by the
City Council on an annual basis and estimated for an add'itional two-year
period, prior to the time established by said resolution for the subm.ittal of
a pplications."
Section 3. Section 17.26.035 is hereby added to the Petaluma Municipal
Code to read~ as follows:
"17.,26.035 Reservations.
Reservations are commitments for future years' aTlotments. Reservations
shall be limited to fifty pereent of al1 projected allocations by ty pes and
location for two years beyond the construction year under consideration.
Reservations sh'all be of two ty pes: Discretionary and' Automatic, and
shall be considered as follows.
A. Discretionary reservation requests shall be considered at the time
of current year allotment review and awarded on the basis of the
deveTopment's allotment priority. AwarB of discretionary reseryations
~ are for specific construction yea:rs and shall not be considered
~ allotments except during the sonstruct'i.on year for which such reservation
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%~ is awarded. Discretionary reservation's are a.n indication of Council
and de~elqper intent for planning purposes, and are subject to
cancellation if it is shown that the progress of the development
will not permit timely construction, or that the developer cannot
meet hi.s commitments under the dev.elo,pment schedule.
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B. Automatic reser~ations are_estabJished to permit completion of
projects for which a portion of the allotments applied for is awarded
in the first successful allotment year. Projects receiving a partial
allotment award in the construction year requested and receiving no
discretionary reservations for succeeding years are eligible to
receive 1.5 reservations per year for each of the following two
years, with the following restrictions:
1. No aatomatic reservations shall be 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 ty pe and location for the year under
consideration. When the number of developments qualifying for
automatic reservations for any one dis.trict (at 15 reservations
per d_evelo pnent) exceeds those reservations available, then the
number of automatic reser~ations sha;ll be reduced pro rata for
each develo pnent.
3. Automatic reservations cannot exceed 50% of a development's
total allotment."
Section 4. Section 17.26.040 of the Petaluma Municipal Code is hereby
amended to read as follows:
"17.26.040 Development allotment ap,plication.
The application for rezoning or prezoning shall constitute the allotment
a pplication upon submission of the following additional items prior to the
allotment a pplication deadline:
A. A develo pnent schedule showing the ela psed times projected for each
stage of the development process (a time projection must be shown;
not a calendar tied to a particular year).
B. A statement from the develo'pe:r indicati.ng 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:re.fundable."
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Section 5. Section 17.26.050 of the Petaluma Municipal Code is hereby
re peal ed .
Section 6. Section 17.26.060 of the Petaluma Municipal Code is hereby
amended to read as follows:
"17.26.060 Develo:pnent Allotment Evaluation.
The Director of Planning and Community Develop~ent (or his designee)
shall com pile the technical ratings of each eligible project as determined
pursuant to approval of the P-U-D rezoning, and shall d~etermine 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 allotments.
A. The Director of Planning and Community Development shall notify each
applicant 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 of such notice to the applicant at the address shown
on the a pplication.
B. The Director of Planning and Community Developnent shall report to
the City Council the pri:ority for the award of allotments under
consideration.
C. At the next regular meeting after receipt of the evaluation report
from the Director of Planning and Community Develbpment, the City
Council shall adopt a resolution to award allotments, including
allotments for reservations previously granted for the construction
year under consideration. The City Council shall award the allotments
and reservations to develo anents in order of priority, u p to the
maximum number available. Where allotments available are less than
the minimum number any developer is willing to accept (as stated on
the a pplica~tion) the allotments shall be awarded to the next developer
willing to accept the number available.
D. The City Council shall not award a developnent allotment or combination
of allotments and reservations for more than one hundred residential
units in a single residential developnent in a single year. For
purposes of this section.a single development shall mean one or more
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contiguous units or units on contiguows lands owned by any person,
persons, l~egal entity or eatities.or any combination thereof which
have a common ownership interest 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 prov°iding 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 of't'ime for which the reservations
are granted, and are subject to other conditions as the council may
reasonably im pos'e. No development may a pply to obtain more than a
total of three hundred allotments or reservations or combination
thereof for either single-family or multi-family residential units
exc~pt as provided in subsection E below. The three hundred allotments
limit shall not include developments for which a final map has been
subsequently approved.
E. Where, because of the extraordinary nature of and costs of improvements
proposed in connection with a develo pnent ap,plied for, it is shown
to be impracticaT to develop in small units, the City Council, after
considering the facts, may increase the limit on reservations, but
not allotments esta;blished in subsection D above. In granting said
increased reserva.tion limit, the council shall specifically find as
follows:
1. There are extraordinary on and off site public im provements to
be constructed' or provided with the proposed development, the
cost of which woald make it impractical to plan and construct
the development without assurance that the entire development
plan can be ult-imately constructed;
2. The increase granted sha11 be beneficial to the public health,
safety, and welfare.
Increased reser.vations ~.rsuant to this section shall be allowed at
no more than one hundred units per year, averaged over the period of
time for which the extra reservations are granted. For pu-r,poses of
this section, extraordinary publ~ic imprbvements~may include, bu.t are
not limited to: significant increase of sewage treatment capacity,
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major off-si`te water storage and dis:tribution systems; major off-
site downstream storm dra.inage facilities; hillside development of
publac improvements, and major off-site circulation and traffic
control facilities. The City Council may im pose such conditions as
it finds reasonably necessary to im plement the requirements of this
section."
Section 8. Section 17.26.080 of the Petaluma Municipal Code is hereby
amended to read as follows:
"17.26.080 Appeals to City_Council.
An applicant may a ppeal to the City Council di.scretionary decisions made
pursuant to this chapter by filing a written notice of appeal with the City
Clerk within ten days after the notice of su¢h decisi:on has been mailed. The
City Clerk 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 applicant or his representative and such other person or persons
as may wish to testify before the Council in the determination of the matter
of an appeal. The Cauncil may affi.rm or modify the decision and its decision
shall be final and conclusive."
Section 9. Section 17.26.090 of the Petaluma Municipal Code is hereby
amended to read as follows:
"17.26.090 Review of Pro ress; revocation; surrender of allotments_.
A. The Planning Director no less than qua;rterly shall review each
development for whi;ch a1lotments or reservati'ons have been awarded
to determine whether sa,tisfactory progress has been made in pursuing
completion of the project.
Satisfactory progress shall mean;
1. A'pproval of any necessary tentative subdivision map by the City
Couneil prior to th'e construc't:i~on year for wh-i'ch the allotmen'ts
or reservations hav'e 'been awarded; and,
2. Ap.provaT of any necessary final subdi~ision map within one year
from the date the allotments were awarded, or the reservations
allotted, as the case may be; or
3. In projects not requiring~subdivision maps, issuance of at
least one bui1ding permit for the project within one year from
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the date the aTlotments were awarded or reservations allotted;
but not as to any residential units for which a building permit
has not been obtained by said ti'me.
B. Upon de.termination of the developer's failu;re to make satisfactory
progress in pursuing completion of the pro~ect, the Director of
Planning and Community Development shall revo:ke the allotments or
reservations awarded for tlie applicable construction year, unless he
shall find tha't the delay in obtaining the required approval was
caused by a delay by the City of Petaluma beyond the ordinary processing
time for the application under consideration. No relief shall be
granted for applicant's or his agent's failure within 15 days to
return co.rrected documents or plans afte,r notification that corrections
are required, or for other delays not at.tributable to the City of
Petaluma or i'ts agents or contractors.
C. Applicants may appeal determinations to re,voke allotments made under
subsection B hereof 6y a ppealing as set out in Section 17.26.080.
The City Council shall.grant such appeal only if it finds that the
factual determinations of the Director are not true.
D. Wlien revocation of allotments ow reservat.ions 6ecomes final, the
Director of Planning and Community Devel~oprient shall request the
City Council, at its next regular meeti'ng to a"ward the revbked
allotments or,reservati:ons to the development next in order of
priority for the construction year unde'r consideration which submits
a notice of agreement to pro.ceed with c.onstruc,ti.on and a reasonable
but expedited develo;pment schedu'le satisfactory to the Director of
Plann'ing and the City Council. U pon such award, the new developer
shall sacceed to the rights and obligations of the ori:gi~nal recipient.
The Couneil may increase or decrease the award by f:ive percent (5l)
if required by the unique.and different characteri°stics of the
recipi.ent d'evelopment."
E. Upon determination by a develo,per tha,t a project wi'11 not be constructed
pursuant to allotments or reserva°t.i~ons awarded, allotments may be
surrendered by notification to the-'Director. The City Couneil may
thereupon award the surrendered al'l~otments or reservations as set
out in 5ubsection D.
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Section 10. Section 17.26.100 of the Pe.taluma Mu,nicipal Code is hereby
amended to read as follows: ~
"17.26.100 Adoption not to i.nvalidate preVious alloc.ation systems.
Nothing contained i.n this chapter shall be construed to invalidate allocations
awarded to developers pursuant to previously adopted allocation systems, nor
shall legislation adopt'ing previous allocation systems be re:pealed by this
chapter, except for develo pnent occuring in construction years after the
effective date of this cha pter. It is the intent of' the City Council that
said previous systems and the procedures adopted thereunder shall continue to
be effective and govern "the allocation process begun in the year each such
system was made effectiv.e.
Section 11. The City Clerk is hereby directed to post/~~ this
ordinance for the period and in the manner required by the City Gharter. ~
INTRODUCED AND ORDERED POSTED/Pl1BLISNED this 10th day of November , 1980.
ADOPTED this 24th day of NOVEMBER , 1980 by the following vote:
AYES:
NOES:
ABSENT:
COUNGILMEN PERRY/HARBERSON/BOND/VICE-MAYOR BATTAGLIA%COUNCILMEN BALSHAW/
CAVANAGH/MAYOR'MATTEI
NONE
NONE
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Mayor
Approved:
City Attorney
Attes .
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City Clerk ~.
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