HomeMy WebLinkAboutStaff Report 07/22/1998J 'CITY OF PETALUMA, CA AGENDA SUMMARY I
Agenda Subject Meeting Date:
Urban Growth Boundary 22 July 1998
�W
Department
Contact Person
Phone Number
Planning
Pamela Tuft, Direct
778 -4301
L�
Cost of Proposal Amount Budgeted $15,000
$15,000= Account Number 212- 400 -9980
Attachments to Agenda Packet Item
Revised Draft Ballot Measure
L Resolution calling Special Election (adopted by City Council July 20,;1998)
II. Resolution requesting consolidation with November election
III. Resolution authorizing arguments
W. Resolution requesting impartial analysis from attorney
Summary Statement
The City Council took action on July 20, 1998 to put a question before the Petaluma voters to
establish a parcel specific Urban Growth Boundary which coincides with the existing Urban
Limit Line as set forth in the Petaluma General Plan. Follow -up action is necessary to conclude
the action by adopting the remaining three Resolutions listed above.
Recommended Citv Council Action
Adopt Resolutions II, III and IV listed above.
Submitted to Finance Director: Submitted to City Manager:
Todav's Date File Code
21 July 1998 ugbbinders
cas=722.doc(ueb
Exhibit A
2
3 CITY OF PETALUMA URBAN GROWTH BOUNDARY
4
5
6 The people of the City of Petaluma, California hereby ordain as follows:
8 Section 1. Purpose and Findings.
9
10 A. Purpose. This measure reaffirms and readopts the City of Petaluma's
11 longstanding goal of maintaining a well - defined and thriving urban
12 community that serves and benefits from surrounding open space and
13 agricultural resources. This measure establishes the City of Petaluma's
14 Urban Growth Boundary ( "UGB ") and ensures that lands outside the UGB
15 are not prematurely or unnecessarily converted to urban uses. Accordingly,
16 the measure ensures that until December 31, 2018, the UGB shall be
17 changed only by a vote of the people, except in certain circumstances and
18 according to specific procedures set forth in this measure.
19
20 B. Protecting the Environment and the Economy.
21
22 The open space surrounding Petaluma is essential to grazing, agriculture, the
23 dairy industry, and tourism, and thus important to the local and regional
24 economy. These open space lands also provide valuable recreation
25 opportunities, watershed, and wildlife habitat. By encouraging urban
26 development within a clearly defined Urban Growth Boundary, this measure
27 will:
28
29 1. Encourage efficient growth patterns and protect the quality of life by
30 concentrating future development largely within existing developed
31 areas;
32
33 2. Promote uses that foster public health and safety and productive
34 investment for farming enterprises on lands outside Petaluma's urban
35 growth boundary;
36
37 3. Foster and protect the Petaluma's natural setting while encouraging
38 appropriate economic development in accordance with the City's
39 unique local conditions;
2 4. Concentrate growth within a well- defined urban growth boundary in
3 order to limit the extent of required City services and restrain
4 increases in their costs;
s
6 5. Allow the City to continue to meet the housing needs for all economic
7 segments of the population, especially lower and moderate income
s households, by directing the development of housing into areas where
9 services and infrastructure can be provided more cost effectively; and
10
11 6. Promote stability in long -term planning for the City by establishing a
12 cornerstone policy within the General Plan designating the geographic
13 limits of long -term urban development and allowing sufficient
14 flexibility within those limits to respond to the City's changing needs
15 over time.
16
17 C. Future General Plan Updates.
1s
19 This measure designates the Urban Limit Line established in the City's
20 General Plan as the City's Urban Growth Boundary to remain in effect
21 through 2018. The City is expected to adopt a new General Plan including
22 an Urban Growth Boundary before 2005. If that new General Plan contains
23 an Urban Growth Boundary that differs from that established by this
24 measure, the new Urban Growth Boundary will become effective upon
25 approval by a vote of the people. The Urban Growth Boundary established
26 by this measure may also be changed at any time by a vote of the people in
27 accordance with state law or by the City Council in accordance with the
28 terms of this measure.
29
30 Section 2. General Plan Amendments.
31
32 2.1 Land Use Map and Land Use Element Illustration.
33
34 Urban Growth Boundary. The Land Use Map of the Petaluma General Plan
35 is hereby amended to designate the Urban Limit Line and all references to
36 that Line as the City of Petaluma Urban Growth Boundary ( "UGB "). The
37 location of the UGB shall be identical to that of the Urban Limit Line as of
38 July 20, 1998. The UGB designated on the Land Use Map of the Petaluma
39 General Plan, as amended by this measure, is hereby adopted as the UGB.
40 Exhibit A.1 to this measure illustrates the location of the UGB adopted by
41 this paragraph. Potential Urban Growth Boundary Expansion Areas. Section
S.98 °151NC e
1 4.5 of Chapter 4 of the Petaluma General Plan is amended to include Figure
2 4 -8A, attached as Exhibit A.2 to this measure, illustrating potential Urban
3 Growth Boundary Expansion Areas.
4
s 2.2 General Plan Text for Objectives, Policies and Programs.
6
7 The following Objectives, Policies and Programs appearing in section 4.5 of the
s Land Use and Growth Management chapter of the Petaluma General Plan are
9 hereby reaffirmed, readopted, and amended as set forth below (in this section 2 of
10 this measure, text to be inserted into the General Plan is indicated in underlined
11 bold type while text to be stricken is presented in strikeei:A; text in standard type
12 currently appears in the General Plan and is reaffirmed and readopted by this
13 measure):
14
is Objectives:
16
17 (b) Maintain a parcel- specific ,,,.i. a ';,nit line Urban Growth Boundary until
18 December 31, 2018.
19
20 Policies:
21
22 Policy 3: It is the policy of the City to build within the a* agreed upon wban
23 limit iiiie Urban Growth Boundary. No urban development shall be permitted
24 beyond the Urban Growth Boundary. "Urban development" shall mean
25 development requiring one or more basic municipal services including, but
26 not limited to, water service, sewer, improved storm drainage facilities, fire
27 hydrants and other physical public facilities and services; but shall not mean
28 providing municipal or public services to open space uses, public or quasi -
29 public uses such as schools or public safety facilities. Said municipal or public
30 services or facilities can be developed bevond the UGB to provide services
31 within the UGB.
32
33 Policy 3.1. No urban development beyond the Urban Growth Boundary shall
34 be served by City services except for 1) extensions to residential dwellings in
35 existence or approved for construction on parcels created on or before
36 December 5, 1983; (2) extensions required pursuant to the terms of a service
37 contract in effect as of July 20, 1998; (3) extensions to remedy a clear health
38 hazard to residential dwellings in existence or approved for construction on
39 parcels created on or before July 20, 1998 where there is no reasonable
4o alternative means to remedy that health hazard; (4) extensions to open space
41 and park uses; (5 ) expansion of service to public and quasi- public uses
i' , V a c 3
i existing as of July 20, 1998; and (6) extraordinary circumstances pursuant to
2 applicable General Plan policies. Extraordinary circumstances justifying
3 extension of City services outside of the UGB shall be deemed to exist only if
4 the City Council makes each of the following findings based on substantial
5 evidence in the record:
7 A. That the land use to which the City service would be extended is
s consistent with all applicable policies of the City's General Plan; and
to
B.
That the land use to which the City service would be extended is
11
compatible with open space uses as defined in Government Code section
12
65560 as of July 1, 1998, does not interfere with accepted agricultural
13
practices, and does not adversely affect the stability of land use patterns
14
15
16
C.
in the area; and
That the property to which the City service would be extended is
17
immediately adjacent to land already served by the services, to be
18
19
20
D.
extended; and
That specific circumstances, unique to the property to which the City
21
service would be extended, would otherwise deprive the property of
22
privileges enjoyed by other comparable property outside the UGB and
23
24
25
E.
in the vicinity of the property to be served; and
That substantial evidence demonstrates that the proposed City service
26
extension will not cause the Levels of Service specified in adopted City
27
policies to be exceeded with respect to water, wastewater, parks, fire
28
29
30
31
Policy
services,_ police services, storm drainage, schools, traffic and other
public facilities and services.
3.2. Except as set forth in Policy 4.1, the Urban Growth Boundary and
32
Land Use Policies 3, 3.1, 3.2, and 4.1 shall be in effect until December 31, 2018.
33
34
Policy
4.1 The Urban Growth Boundary designated on the Petaluma General
35
Plan Land Use Map may be amended only by a vote of the people or pursuant
36
37
38
to the
procedures set forth below:
A. Exception I - Affordable Housing: To comply with state law
39
regarding the provision of housing for all economic segments of
40
the community, the City Council may amend the Urban Growth
41
Boundary in order to include within the Urban Growth Boundary
I lands to be designated for residential uses, provided that no more
2 than 5 acres of land may be brought within the Urban Growth
3 Boundary for this purpose in any calendar year. If in any year,
4 fewer than five acres are brought within the UGB pursuant to this
5 policy, then the unused increment may be brought within the
6 UGB in subsequent years, provided that, no more than 50 acres
7 may be brought within the UGB before December 31, 2018.
8 (Thus, for example in 2008 the City Council could, upon making
9 the findings below, bring up to 50 acres within the UGB under
10 this exception, provided none had previously been brought within
11 the UGB under this exception.) Such amendment may be adopted
12 only if the City Council makes each of the following findings
13 based on substantial evidence in the record:
14
15
(1)
The land is immediately adjacent to existing
16
comparably developed areas and the applicant for the
17
redesignation has provided sufficient evidence that
18
the Fire Department, Police Department, Department
19
of Public Works, the Planning Department, Parks and
20
Recreation Department, the School District(s) and
21
other relevant City departments and public agencies
22
have adequate capacity to accommodate the proposed
23
development and provide it with adequate public
24
services; and
25
26
(2)
The proposed development will consist of at least 25
27
percent moderate income housing and at least 25
28
percent low and very low income housing; and
29
30
(3)
That there is no existing residentially designated land
31
available within the Urban Growth Boundary to
32
accommodate the proposed development; and
33
34
(4)
That it is not reasonably feasible to accommodate the
35
proposed development by redesignating lands within
36
the Urban Growth Boundary for low and very low
37
income housing; and
38
5
1 (5) The proposed development is necessary to comply
2 with state law requirements for provision of low and
3 very low income housing_.
4 (6) The proposed development meets the intent of
5 General Plan policies relative to density feathering.
7 B. Exception II - Takings: The City Council may amend the Urban
8 Growth Boundary if it finds, by at least a six - sevenths vote and
9 based on substantial evidence in the record, that:
10
11 (1) The application of the Urban Growth Boundary
12 policies would constitute an unconstitutional taking of
13 a landowner's property; and
14
15 (2) The amendment and associated land use designation
16 will allow additional land uses only to the minimum
17 extent necessary to avoid said unconstitutional taking
18 of the landowner's property.
19
20 C. Exception III - Transit - Oriented or Industrial Development: The
21 City Council may amend the Urban Growth Boundary if it finds,
22 by at least a six - sevenths vote and based on substantial evidence in
23 the record, that:
24
25
(1) The lands to be included within the UGB will be used
26
for transit oriented residential and local - serving
27
commercial development within 1500 feet of a rail
28
transit station; and the Fire Department, Police
29
Department, Department of Public Works, the
30
Planning Department, Parks and Recreation
31
Department, the School District(s), and other relevant
32
City departments and public agencies have adequate
33
capacity to accommodate the proposed development
34
and provide it with adequate public services. No more
35
than 100 acres of land may be brought within the
36
UGB for this purpose before December 31, 2018; or
37
38
(2) The lands to be included within the UGB will be used
39
for office or light industrial uses to improve local
40
employment. No land may be brought within the
I UGB for this purpose before January 1, 2006. No
2 more than 100 acres of land may be brought within
3 the UGB for this purpose before December 31, 2018.
4 Such amendments may be adopted only if the City
5 Council makes all of the following findings:
6
7 (a) That there is no existing office or light
s industrial designated land available within the UGB
9 that could accommodate the proposed development
10 and it is not reasonably feasible to accommodate the
11 proposed development by redesignating lands within
12 the UGB for office and light industrial uses; and
13
14 (b) That the Fire Department, Police Department,
15 Department of Public Works, the Planning
16 Department, Parks and Recreation Department, the
17 School District(s), and other relevant City
is departments and public agencies have adequate
19 capacity to accommodate the proposed development
20 and provide it with adequate public services; and
21
22 (c) That the land to be included (1) is immediately
23 adjacent to the existing UGB, and (2) serviceable
24 water and sewer connections can be provided; and
25
26 (d) That the land to be included meets the intent of
27 the General Plan pertaining to the preservation of
28 open space or urban separator areas at the edge of the
29 Proposed UGB expansion area.
30
31 (3) The following areas have been preliminarily identified
32 as appropriate for potential future expansion of the
33 UGB, subject to the Council making the findings set
34 forth in (C) (1) or 2) above. The list is not intended to
35 be exclusive.
mi
37 (1) East of Lakeville Highway in the vicinity
38 South of Frates Road; or
39 (2) West of Old Redwood Highway near
40 Denman Road /Orchard Lane; or
7 °
1 (3) The Haystack Landing area along
2 Petaluma Boulevard South; or
3 (4) Northeast corner of Corona Road and
4 railroad tracks, north of Sonoma
s Mountain Parkway intersection.
7 The general location of these areas is illustrated on
8 Exhibit A.2; the specific boundaries of any
9 amendment to the UGB will be determined at the time
10 that the amendment is adopted.
11
12 D. Exception IV - Agriculture, Agriculture Support or Related
13 Development: The City Council may amend the Urban Growth
14 Boundary if it finds, by at least a six - sevenths vote and based on
15 substantial evidence in the record, that the lands to be included
16 within the UGB will be used for an agricultural or agricultural
17 support use. Agricultural Support Use shall mean an industrial,
18 manufacturing or mixed use project which is determined by
19 City to support the regional agricultural community and economy
20 and is dependent on municipal services to exist. Such agricultural
21 or agricultural support use amendments may be adopted only if
22 the City Council makes all of the following findings:
23
24 (1) That there is no existing agricultural or
25 compatible light industrial designated land available
26 within the UGB to accommodate the proposed
27 development and it is not reasonably feasible to
28 accommodate the proposed development by
29 designating lands within the UGB for agricultural or
30 agricultural support uses; and
31
32 (2) That the Fire Department, Police Department,
33 Department of Public Works, the Planning
34 Department, Parks and Recreation Department, the
35 School District(s), and other relevant City
36 departments and public agencies have adequate
37 capacity to accommodate the proposed development
38 and provide it with adequate public services; and
39
8 RESO.98 ° 15INC "21��
1 (3) That the land to be included (a) is immediately
2 adjacent to the existing UGB, and (b )(serviceable
3 water and sewer connections can be Provided; and
4
5 (4) That the land to be included meets the intent of
6 the General Plan Pertaining to the Preservation of
7 open space or urban separator areas at the edge of the
s Proposed UGB expansion area.
9
10 E. Prior to adopting any General Plan amendment pursuant to
11 subparagraphs (A), (B), (C), or (D) of this Policy 4.1, the
12 City Council shall hold at least one noticed public hearing
13 for the purpose of receiving testimony and sufficient
14 evidence from the applicant and the public on the proposed
15 amendment and any findings proposed in connection with
16 such amendment. This hearing shall be in addition to any
17 other public hearings regularly required for a General Plan
18 amendment.
19
20 Section 3. Conforming Amendments.
21
22 In light of the General Plan amendments set forth above, the Petaluma General
23 Plan is hereby amended as set forth herein in order to promote internal consistency
24 among the various elements of the General Plan. Text to be inserted into the
25 General Plan is indicated in underlined bold type while text to be stricken is
26 presented in strike@+A type; text in standard type currently appears in the General
27 Plan and remains unchanged by this measure. The language adopted in the
28 following amendments may be further amended as appropriate without a vote of
29 the people in the course of future updates and revisions to the General Plan.
30 (Except where indicated otherwise, cross- references to other general plan policies
31 are not affected by these amendments.)
32
33 1. Policy 1 of Section 4.5 of Chapter 4 of the City of Petaluma General Plan is
34 amended as follows:
35
36 Policy 1: Every effort shall be made to keep the visual separation that
37 now exists between communities, outside the ,,�.,,., l m4 lire Urban
38 Growth Boundary. All references to the Urban Limit Line in this
39 General Plan and other City policies, ordinances, and regulations
40 shall be considered references to the Urban Growth Boundarv.
41
9 RESO. 98 5 INC 8
1 2. Policy 4 of Section 4.5 of Chapter 4 of the City of Petaluma General Plan is
2 amended as follows:
3
4 Policy 4: The or-ba* l m liffe Urban Growth Boundary shall
5 coincide with the line shown on the official General Plan Land Use
6 Map until December 31, 2018.
8 3. Policy 6 of Section 4.5 of Chapter 4 of the City of Petaluma General Plan is
9 amended as follows:
10
11 Policy 6: Growth shall be contained within the boundaries of the
12 urib^„ li ffi t line Urban Growth Boundary. The necessary
13 infrastructure for growth will be provided within the a +43fta 4F Ai
14 Urban Growth Boundary.
15
16 4. Policy 7 of Section 4.5 of Chapter 4 of the City of Petaluma General Plan is
17 amended as follows:
18
19 Policy 7: For properties adjoining the uf-ba* ' iffl t 14ae Urban
20 Growth Boundary, it is the intent of the City that projects developed
21 in the City or requesting City services shall be of limited density (as
22 shown on the General Plan Land Use Map), unless greater density is
23 required to satisfy the requirements of state housing laws, and
24 shall be designed to preserve the visual and physical openness and
25 preserve the aesthetic and natural features of that portion of the
26 property proximate to the rural areas outside of the designated ii�
27 14:R it i=iie Urban Growth Boundary.
28
29 5. Program 1 of Section 4.5 of Chapter 4 of the City of Petaluma General Plan
30 is amended as follows:
31
32 Program (1) Maintain a time certain and parcel - specific ti line
33 Urban Growth Boundary around the city, beyond which urban
34 development will not take place.
35
36 6. Program (1.1) of Section 4.5 of Chapter 4 of the City of Petaluma General
37 Plan is amended as follows:
38
39 Program (1.1) Use the growth management system, design review, or
40 other project review methods to assure that the density of new
41, residential development is greatest within and adjoining existing
10 RESO.9 8 ° 151NC
I urbanized areas and gradually and logically lessens as it approaches
2 the urban edge.
3
4 7. Program (2) of Section 4.5 of Chapter 4 of the City of Petaluma General
5 Plan is amended as follows:
6
7 Program (2) Encourage the County to continue to promote agricultural
a land use and to strictly limit further residential infilling on lands
9 beyond the ,,,.ba 'iffi ,- 'ir° Urban Growth Boundary within the
10 Petaluma Planning Referral Area.
11
12 8. The following definition appearing in the "Definitions of Land Use
13 Categories" appearing in section 4.7 of Chapter 4 of the City of Petaluma
14 General Plan is amended as follows:
15
16 Urban Growth Boundary: A parcel - specific boundary located
17 to mark the outer edge of where urban development can occur. It has as its aim
18 discouraging urban sprawl by containing urban development until December 31,
19 2018.
20
21 9. Chapter 13 of the Petaluma Land Use Plan is amended by adding the
22 following text at the end of Chapter 13:
23
24 13.3 Reorganization and Amendment of General Plan.
25
26 The General Plan may be reorganized, readopted in different text
27 and /or format, and individual Provisions may be renumbered or
28 reordered, in the course of ongoing updates of the General Plan in
29 accordance with the requirements of state law, but Land Use Element
30 Policies relating to the Urban Growth Boundary shall continue to be
31 included in the General Plan until December 31, 2018, unless earlier
32 repealed or amended pursuant to the procedures set forth above in
33 Land Use Policy 4.1 appearing in Chapter 4, section 4.5 of this General
34 Plan or by the voters of the City.
35
36 10. Amend the Petaluma General Plan narrative text appearing in the Executive
37 Summary Chapter 1, Introduction Chapter 2 and Land Use and Growth
38 Management Chapter 4, as appearing on pages 3, 4, 8, etc. to replace all
39 occurrences of the term "Urban Limit Line" with the term "Urban Growth
40 Boundary."
41
3 cz �
11 ES . p 15 1 N t,
i Section 4. Implementation.
2
3 A. Effective Date. Upon the effective date of this initiative, the provisions of
4 Section 2 of the measure are hereby inserted into the City of Petaluma
5 General Plan as an amendment thereof, except that if the four amendments
6 of the mandatory elements of the general plan permitted by state law for any
7 given calendar year have already been utilized in the calendar year in which
s the measure becomes effective, this general plan amendment shall be the
9 first amendment inserted in the City's General Plan on January 1 of the next
10 year. At such time as this general plan amendment is inserted in the City of
11 Petaluma General Plan, any provisions of the City of Petaluma Zoning
12 Ordinance, as reflected in the ordinance itself or the City of Petaluma
13 Zoning Map, inconsistent with this general plan amendment shall not be
14 enforced.
15
16 B. Project Approvals. Upon the effective date of this measure, the City and its
17 departments, boards, commissions, officers and employees, shall not grant,
18 or by inaction allow to be approved by operation of law, any general plan
19 amendment, rezoning, specific plan, tentative or final subdivision map,
20 conditional use permit, building permit or any other ministerial or
21 discretionary entitlement, which is inconsistent with this measure. Nothing
22 in this measure shall be construed to prohibit the City from complying with
23 State laws requiring density bonuses and /or other incentives for projects
24 including housing for seniors or for low or very low income households.
25
26 Section 5. Exemptions for Certain Projects.
27
28 This measure shall not apply to any development project that has obtained as of the
29 effective date of the measure a vested right pursuant to state law.
30
31 Section 6. Interpretation and Severability.
32
33 This measure shall be interpreted so as to be consistent with all federal and state
34 laws, rules, and regulations. If any section, subsection, sentence, clause, phrase,
35 part, or portion of this measure is held to be invalid or unconstitutional by a final
36 judgment of a court of competent jurisdiction, such decision shall not affect the
37 validity of the remaining portions of this measure. The voters hereby declare that
38 this measure, and each section, subsection, sentence, clause, phrase, part, and
39 portion hereof would have been adopted or passed even if one or more sections,
40 subsections, sentences, clauses, phrases, parts, or portions are declared invalid or
12 RESO. 98*1 1NC L-
i unconstitutional. If any portion of this measure is held invalid as applied to any
2 person or circumstance, such invalidity shall not affect any application of this
3 measure that can be given effect without the invalid application. This measure
4 shall be broadly construed in order to achieve the purposes stated herein. It is the
s intent of the voters that the provisions of this measure shall be interpreted by the
6 City in a manner that facilitates the protection of agricultural and open space
7 resources outside the Urban Growth Boundary.
s
9 Section 7. Amendment or Repeal.
to
n Except as otherwise provided herein, this measure may be amended or repealed
12 only by the voters of the City of Petaluma at a City election.
13
14
is Exhibit List
16
17 Exhibit A.I -- Illustrative City of Petaluma General Plan Land Use Map showing
la location of Urban Growth Boundary
19
20 Exhibit A.2 -- Figure 4 -8A: Potential Urban Growth Boundary Expansion Areas.
21
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