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HomeMy WebLinkAboutResolution 7846 N.C.S. 07/25/1977k -No:- - 7 8 4 N C: solution _ 6.............. 00 '' RES.OLU•TION AD.OPT;ING INTERIM ,RESIDE-NTIAL ,DEVELOPMEN,T CONTROL- SYSTEM , INTRODUCED BY COUNCIL M John L Balshaw SECONDED BY CO.U-NCILlv1lAN .--,-_ -_-- _---_. . Y'-- _ -. - at a William A -Perr Jr ,,.- ----------- ------------- ----- -- Adjourned na o ;th ....... :-- _... Ivle. f e, City 'council; of the City of'.Petaluma7sori the 2 5th- . ..day of - . . _ -----•._July-. _ 19 _�. _ - WHE ,, this, Counci.I _,- a o ugh, REAS de�s,ires to �mak-e t°h ro P_ -nti:a ' I study) of the�impact and ef;fe.ct~iveness of the Re'sid`e_,= l b.eveIopmen`t °Control System i._n :effect ,for they ,:past A,•_s.i-x, years , and E+R9AS,„ such study;; :cannot :be completed before p,., Control the resent Inter.iiii Res,i.dentia1 Development Co „ y p Y s, and,: WHER ASr,� this Councn, term= ,S s't,em 'exir_es b. 'its owl finds - 'ecl-ares that un I s:uc,h study' is completed Viand analyzed `an I' nter m, me'ains'o f"'ma`nag n- resideri,t�.a , 4,eve'lopment, is{ e-q;uir;ed',; r` NOW:,, aTiH'E?REFO,'RE :BE IT RES'OLVE'D that th'e City o.f 6 „ petaluma ado,p:ts s I`nter.iin Resi'd'ent- al Development ;t`h Control System. for the City .in. the form. att'ache'd. n - hereto ;and: made,a p&r't hereof d under the power, ,and authorit conferred upon- y d City : this Council b` the' Charter-of sai I' Iliereby'hcerfify that ;the, foregoing Resolution, was4 duly and - "regularly introduced and: 2..th da of----Y----- Jul----y-- - -:._-• n the --- ----------- •-s � ado "ted b the Council of the Cit of Petaluma o k I . y ---y' 19.,:�.� .._ by the following votesa AYE Hill; oTs Perr wandond., Cavanagh; Harber,son, S Councilmen Bal,sh,E g ; ,a y niay6r, Putnani, r: NQE'S- - None" h • ABSENT: _ ' " • . $ e ATTEST; 4 Mayor - Y t Clerk Q 4 ' FORM cA 2 7, 74, V �. ' .' ^ nrs na:CIL FILE / 4F iii VELOP 'tM: INTERIM RESIDENTIAL bE MENY CONTROL SYSTEM' FOR THE, CITY, OF PETALUMA (REVISED JULY, 1977) I. .r.,YPURPOSE OF THE, INTERIM ,RESIDENTIAL DEVELOPMENT, CONTROL -SYSTEM. Early in 19711, the. City Pounc-il imposed a, temporary moratorium on subdivision approval and zoning changes in the Cityof, Petaluma for the purpose of temporarily halting 'residential 'development, while p , laqning studies were being undertaken. ' ShQttly thereafter a special Development Policy -,Advisory Committee was established and this: 'committee in c6bperazion-with Williams & 'by, the City, pre Mocin&, independent planning ,consultants. retained par,ed a De- velqpmeh�. -policy-whith was reviewed and r ecommen ded'f dvor -ably by the Planning Commission.. The City CoqrYcil; adopted the Development Policy in June, 1971. After extensivepublic, hearings and full expres'sion of views by all t segments of the communi�ty,' the City Council. adopXed. Envi,rQn-men a1 Design Plans in March, 1972, esta by resolution the City s^ poli�y With respect to -d the cessation of residential construction and population growth and reaffitine Control 121,, the Residential Development the moratorium in April, 1,9, adopted Sy stem in August, 1,1972, and adopted the Housing Element of, the General Plan in September, 1.972. Q jcies�, plans, ans nt together with the These p-11 control system and eleme , -s,, 1962 Petaluma General Plan, constitute. the Petaluma. Plan, the validity and e the court in Construction constitutionality of which ha!� b -en sustained b, - ., Industry Aasocirpf.ij at`on Sonoma Count V. ,C ------ of Petaluma,(1975) 522 F2d 897 (Petition for Writ of, Certiorari denied by U� S., Suprbme,Co.urt, Feb. 23,, 1,976). The Plan was in: effect- for a five year, period ending-,jp 19.-77, and providedthatresidential d6velopment which wsubject ubject. to the Plan be limited to about 500 residential units'per, .year:, or a 'total of 2,5,00L fbr, , the five year period. , Residential,developmen . ts: of four dwelling units or less were excepted from the Plan, and did -hot' count' aga:ii,ast, the. stated numerical limit., 'As set forth in the Residential Development Control System the policy the Plan is to establish. control of the City of Petaluma to, -be Affe'ctuated.,,.by f the'City'in the interest over the.quality, distribution, and rate of' growth. o of Preserving the quality al the community,; Protecting the green openspace frate,of the, City.;� d services within e. adequ&cy -�the, City facilities, an Insuring 01 of I—- and I iI accep"t ab1­e allocation ;of City and, school tax f.finds';;, Insu_ririg4 balance of housing types and values in the City which -will accommodate a variety of families -including t-'111'es of moderate income -and older families, on limited., fix d incomes; and m-1 . 1 11 1 ei -1. Insuring the 'balanced development the City east,, north,and west of the central core. The stated purpose of the Residential Development Control System is to implement the policies of the.City of Pe.ta'luma as established by the De- velopment Policy ,Resolution, the General Plan. , and Environmental Design Plans .and the Housn.g, Element of the General Plan--. This -purpose is to be. ac'com- plis'hed-'by'City control of the ca;'te, distribution, quality-, and economic level of proposed development'on a year -to -peak basis, In order °to determine- the effect -of the%P1A.n upon_ the -development of - the City du�;irig the five year period of the Plan, it: is imperative that a com- prehensive review and analysis thereof' be .completed for the pgr-.po�se of deter- mining . the f'u;ture course that should, be, taken- by, .the= City with respect .to, residential devel':opment;: Such 'comprehensive-_ review and -an°alysis' is now under way but will. not be Completed --in time to acc'offtmodate 'residential development - for the.- 1:978-.79 const-ructzon year (Nfay 1, 1'9°78= � April -30,- 1979;)'..,, Rather than imposing -another morator.iumw on. residential development while suicch comprehensive review and analysis ,is b-e.in;g- completed;, which' would not be .bene•ficial or serve the interests of, either the City of Petaluma- and itspeople-, those desir,in:g housing in -Petaluma, .or l:andown:er•s and: deve;Yopers, it� is necessary and desi- rable and -the, Council hereby fin;ds-'th:at �for all; °of the- reasbhs^ and to .ac'com- -plish;.all ,of the purposes.,, -policies :and, objectives Set--for=thein the Petaluma Plan that an interim residen-bial development control. system 'ln_corpoxating the essential elements of -the Residential Development- Control - System of the Petaluma. Plan be established lor the 19-78-7:9 construction year, II. APPLICAB'-TLITY, OF THE -INTERIM° RES-IDEN,TrAL DEVELOPMENT • ;CONTROL SYSTEM'. The Interim- Residential Development- •Control. System•.,shall be in effect. for .the 19.748-79-constr•u.ction year (May 1, .1.<978 -''Apri-.l 30, 197,9;)' and the pro- visions thereof shall apply to .all residential development in IU e City of, Petaluma, including -'single-family •(wh' Bch -includes-mobile- homes)and multi=family housing-;,- except developments. of t'en res;ident-1al -un.-its- or less, ;c'ongregate housing=,projects- for elderly people. (""congregate housing-,projec-.ts fot' .e•lder,ly people" as used; herein -means resident -al d;evelo.pments which- p .ov de separate sleep nW and.:livripg- ,accommodations but: common- -kitchen -.and- dining facilities and,are limited .to occupancy by persons, 62" years• of agen-or -oldel) , and,el,.derly and -`.low income- p;roj ects`. appfroved, :by, t'heCity - amd %,-receiving! <�ederal or State . grant'sand/'or� loans Nb- r:es dent a:l development subject ;to 'the- provisions here- of as --herein prow ded'•shalll b;e:.unde-rtalcen.,,�.-,and.,no,•.bui-ld-irig§-permit -shall be .i'ssued; in. the-C,ity of. 'Petaluma unles's -,-a deve1o.pmen=t al-lotmerit :has been obtained -therefor in accordance with the provisions hereof*'. III. ,DEVELOP. -HENT ALLOTMENT APPLICATION:,. -Am An application for a development allotment 'shall, be made to the Planning Department of .the.. -City' of Pe.taluma­on- a form --provided by the City,, Such ---application shall contain. theF'following informat>ion`arid bei accompanied by the.°-follow'ing documents 1. Slte,.Utiliza�tlom Map in.c=luding -J a. 'Vic n- .ty 'Map.° to: s'hoia the relationship of the proposed develo.pment to adJa'c'ent ;devel.opinen,` the surrounding, area;,, and the. City", b:A Site Use: Layout. Map, sh'awrng«.the et'en, location. and type -of l�ropos'ed:T-esi(lential use -or, uses, the nature and„ ,ext:ent `of • open-sp7ace , and the - nature °and extent of any other uses proposed, -2- The. Site Use `Layout Map is of major importance„ the Vic.ini:t Map ,may- be shown as a small inset map Z, Site Development Plan`: Lot layout. to preliminary subdivision map standards; topo-graphy,; .lot :size's;; street al:ignmen;ts, showing c'oordinati'on with City street system; existing and proposed buildings, trees, :landscaped areas; open space,, bicy'c'le paths; eques- train trails or pathways:. 3< Preliminary Architectural Plans': Typical. architectural. elevations., ,t:yp.e&, and numbers of dwelling units; proposed color of buildings. 4. Prelimiinary Landscape Plans: General.indi,cations of planting. 5. Housing Marketability and Price -Distri.bution: Expected ranges of rental amounts or sales prices; low and moderate income housing .to be provided, if any. 6,. Res. dent a:l S_ec-.ur.it:y: Proposed locks and security devices on doors and windows. 7. Public Facilities: Nee.ded publi:c,, facilitiesto b& provided' if any, such as critical' linkages in the major street system, school rooms, er' other vital public facilities; 8. D:evelopmen,t %&chedule. Proposed sAedu..le of development including phasing, if any, and, all applicable processes suc. as env ronmenta ass'ess- ment, t:entat:ive and final subdivision maps, prezoning or rezoning, annexation, site design. re:v.e.w, and similar matters, 9'. Financial Information: Financial information sufficient'. to enable the City to cietermIr e f the project has ,a reasonable chance of being, undertaken.an:d completed if a development allotment is awarded. Such other information 10'+® n;as may, be required by ';the Planning Dire.c-tor. B. Each application shall be ac;compan.ed by a fee in the amount. of $25 ' plus $2 per dw6l.ling lunit included the application up, to 'a maximum of $100, Such'. :fee shall. not be returnable iii the event that n'o development' Allot- ment 'is awarded.. -3= IV -o PLANNING DIRECTOR EVALUATION. The Planning Director shall review each appt- cation and determine whether or not the proposed, development conforms to the Petaluma General Plan and the. Envir-orimental Design Plans (hereafter EDP)'. If the Planning Director determines that a proposed development -does not conform to the. General Plan'or the EDP, the application shall :be rejected. The*ap"p'licant shall be given a notice of such rejection within ten, (10) days after the submission of his application. Such notice shall be given by the Planning Director by mailing a copy of the notice to the applicant at.h.i.s address as shown in the application: Within ten (10) days after such .notice is ;mailed, the applicant may appeal the decision of the Planning 'Director, to the City Council by filing a written notice of appeal with .the City Clerk, who shall, place- the matter on the: next agenda for 'a regular. Council meeting, The 'City Council shall consider the appeal ;at such., regular meeting and shall either affirm the; decision ,of the Planning Director- to reject the application on. the basis of non -conformity with said'. plans, reverse said decision by.find,i:n,g that the proposed development Is in con:formity with said plants., or permit the applicant to .modify his proposed development to bring it :into conformity with said plans. The.,'decis .on of the Council shall be find.l.-and conclusive. V. DEVELOPMENT ALLOTMENT EVALUATION. Proposed developments found by the Planning Director :or City Council to conform to.the!General Plan and,the,Enyi tonmental Design.Plans shall be evaluated and awarded points as hereinafter set forth by ,a citiz'ens'' committee (CG) whose. composition and. membership shal'l. be determined by Council, Resole tion. A. Each proposed development shall be examined. for its relation to arid: impact upon, local public fa.cili.ties:an'd services, The appropriate _ Carty department -or outside public, agencies shall provide recommendations to the CC and the CC -shall, rate each development by assigning from 0 to.2 points on. each. of the following; 1. The ability and capacity of the' water sys' em to provide for the needs of the proposed d'e.velopment without system eaten s.ions beyond those which .the developer will c.on:sent:to provide. (Comments from the, Petaluma City'Engine'er) ,2_ The ability and capacity of the sanitary -sewers to dispose of the wastes of the p,rop,osed development without sys.t_em extensions beyond those which the.developer will consent to provide. (Comments from the. -Petaluma City Engineer.) 3. The ability and capacity of ;the drainage. facilities to ade- quately dispose of the isutface run.of-f of the proposed de- velopment without system extensions beyond those, which the developer will consent ­to provide. ('Comments 'from the, Sonoma. County Water Agency) 40:. The ability of the Fire D'epartment,,of the, City of Petaluma to provide -f ire protection according to the established response,standards of the City without the.neces'sity o.f, establishing anew station or requiring addition of major= -4- B and Amenities. equipment -to -an, exi st ing station,. -(Comments from the P6talum"a Tire Dertmeilt) 5. The capacity apacilty of the Appr'Opridte, school absorb the child xen expected -to inhabit a:,ptopbsed &veIopm&iit without ,nece%s's#A:ting_ or addlng,,ta double sessions or 'other unusual stheduIing Or, classroom- overcrowding- (,Comments from the app.to,ptiate- school districts) 6. The A15f,11.vy and capacity 9E,matbr street linkage.to provide J, for the needs' of the Pj:,qpols.ed,development without sub,- st-antiaIly altering existing traffic PAt.t,e,rn,s or overload- In the,ekistin&..street system,«, sand.jth& availability of other . public facilities (:such as'pa&s, playgrounds, etc,) to meT6tcthe additional demands -.,f,ok vital public services " w 'h tit extehsion, of, ser\t.icies, beyond those provided,by the developer (.,Comments from t I he appropriate department heads) Quality of, -Design an,, d , ;-'tkteftt' of-Contr-11bution, to Public Welfare The, 'CC shall ei�amifte each proposeddevelopment , and shall rate - each development, by the, A�solgnment of no more than the''maximum number of point's allowable on each of, the fol."lowirig:, Atdhit&tt­,0rAl design quality as indicated by the architec- tural elevations of. the pt-oposed buildings judged in terms of, architectural style„siz:e, height and innovations. (15 points) 2. Innovative site design quality as indicated -by lot layout', Orient'a-tio.0 of units on; :the lots,, and similar site :design considerations.. (15 points) 3. Site - And architectural design',q,udl-ity as indicated by the �amount ,and character of ldndis,ca. pIftg,.and screening and' color of buildings. (10 points) 4. archl,tturAl, desi n�, quality 4s' indicated by the . ec Site and `' arran- t -of the sit'& -for ,efficiency' of circulation, on g?-mgn. e And ofLtle traffic safety and privacy-. (20 points) 5._, Site and ar,ch-itectural design. quality as i,ndi.c.at.,ed,,by the I . ,°,. d -, in�, the f security proved e amount -of. ate'safety and ty, design, of the,. Indlvidi.fdl s - tructbres. (5, Points,) T provision, of public, and.1,or private usable open space. -fie and,, where app-Ife . ah-l&,,,-t',he ,gr'eenbjdlts,-provide,d for 'in the. Environmental Design 'Plans. (15 -points'),* 7., 'Provision bfj, 'foot or bicycle p,a't-hs,- �equels-tjclidn trails, �.o r pathways Ih,accdrdance�,-with ..adbp't!ed plans of the City, (5: y points) 8. The, extent to which the.proposed.development Accomplishes• t an orderly -and. contiguous ex, ensfon of, existing development - n rather than "leap. -f rog" devpioptent, by being' either within the; pres*eift City limits 'or contiguous to urban ,development , poi- ,n the Ciey limits,'. (15 ts 0 9 The provision of needed public� facilities, such as critical linkages in -the- major street system, school rooms; or other vital public facilities.. (15 points) 10. The. provision of units -to meet the -City='s policy goal of 8% to 1.2% low and moderate Inc.ome dwelling unit's annually, (15 points). VI.- NUMBER OF ALLOTMENTS FOR 197`8-79 CON'STRUCT'ION' YEAR. The allotments' for the, -1918-19 construction year shall. be limited to 500r6sid.ential unit.s.divided'between the east (everything east of U. S. 101) and' the'west , (everything west of U. S..-.101)Sides of the City', pliis such addi- tIonai number of :allotments for such 'year- as the- City :Counci:l in the exercise of its sound discretion may by-resolution.auLhorize; provided.that the. number ,of -such additionalaLlotments--shall not exceed the number of residential. units f or- which 'allotments were not made during the five-year period of -the Petaluma Plan and the 19,17-78 Interim Plan. Thedivision of allotments between sl][hsle - family residential units and multi -family- -rntab , f esidetial units shall be esis,hed by the City. Council prior to the time that allotments are made. VIII. AWARD 'OF ALLOTMENTS. A. The CC shall notify each applicant of his allotment evaluation ,Such, notice shall be given in writing within. seven (7) days after the allotment evaluation ',has, been made by mailing a copy of such not,ice to the applicant, 'at, :his, address aa shown in his application, Proposed developments which have not bedn,as,signed a: minimum of 9 points under. Section V-A or a minimum of 100 poInts under Section V' -B; shall not '.,be given a development allotment v Any applicant whose pr-oposed developmen-t ha&-notbeen given the required 'number of.points may-ap,peal,the matter of allotment.,evaluation to,th6 City'Council as hereinafter provided. No: allotment awards fo.t the c-6nstruct.ion., year shall be made, until. said appeal or appeals have: -been decided where the contested, units would 'increase the total, number. - of, units to be allotted above thenumerical limits established by the, Council C. Subject to the limitations fiereinafter.set forth in this para - %graph and_paragrapb VII -D, proposed 0.0'Velopments whi, h . have�'re:teived a minimum of nine '(9) points -under Section V-A and a minimum:,of 100 points under ;Sect,ion 7 V -B will be awarded an all.otment for the 1978-19 (Kay 1, 1978" -April, jol, 191'9) _constructic,n year. Where the, number.,of residential units in proposed' devi.,lop- ments-which. have-rec'eived.the,.required-number of points for a development allotment. (either by PC de-terminati-on or, by City Council determination! on appeal) exceed the numerical limits established by the City, Council (by ho using - type category and, section. of -City), . development allotmen.t,s . for which theCouncil- established numerical �limit 'has thus, been shall, be awarded on t , be basis of the numbeT, of. points received'_,, starting, with those propose d develop- ments receiving t.he-'mo§t.evaluation points for the affected bousing-type: c&te- .gory in.. the,affec-ted, section of the City and-proceedi.Ing in order down, the list until 'the numerical limit,estaVlishdd by. the Council has.. been reached: Where allotments are :made on the basis. ,o , f comparative standing on the, list, any applicant who has' received therequited. minimum. number of points., but who is no t 'hi I gh enough gb on- the -list- to . re-ceiVe °a d6velop&ent Alotment,, may agpeal the, matter'of ' m& T d1lotftt iBi�aluatidn' to, the -City Council. 'as hereinafter provIded', and no dlldtti�hi awards for th6. 1918-79 construct ?ori; year': for or the affezted p Ie . housing- .tycate gory I n 'the- a.f f ected section of - the, City *shall 4e made said appeal or appeals have been decided. - I M. r,esidentialeunitsein,assingleoresidentialedeveloIf ent allotment ` nt for more than r100 espment. an applicant desires approval of residential units ifi'.a single resi'd'ential development' in excess of 100., he, may apply to the City Council for such approval 'The City Council may give such, approval if ,it. is demonstrated that the' proposed project if limited to 100 units is not economically feasible beca,use:o;f the requi-r;ed. of,f-site or other improvements required 'and,,other factors beyond he.:developer's control; pp "g the 1978-79 constr-action year such approval shall be sub eet to. the conditi.on�that the units in excess of 1:00 shall not be built durin r and shall not be counted aspart of the number of residential units authorized ;to be constructed during ' such year and such o,thes conditions as the Council may, reasonably impose. VIII. APPEALS TO CITY..COUNCIL. An applicant may app:eal.to the City Council pursuant -to VII -B or VII - ,C hereof by filing a written notice of appeal w th,.the City,,Clerk within ten (10) days after the notice of allotment evaluation ha_s been ma :l. The City Clerk shall place the -Patter on tlhe next agenda ;for a regular Council meeting,. The City Council shall consider the appeal at such regular meeting at which time the Council will hear the ap;plica;nt or his "repre's'entative and such other person or persons as may be able to, assist the Council 'in the determination of the matter on appeal. ` The, Council may affirm or modify the allotment. evalua- tion and its decision shall be final and conclusiver. IX. REVIEW OF PRQGRESS.•„ The Planning Director shall reeview„ on a monthly basis, each proposed development which has received a.develo`ment allotment to., determine whether satisfactory progr-:e`ss ,is, 'being made with., the processing, of: the appropriate plans with the Planning,Dep'artmen-. 'Should a developer fail to comply with the with, his application or should he fail to ini- tiate the rocessIn of muted topriate plans the,Planning, Director shall devel:o merit schedule sub p g the apyro holding a hearing, may report such failure to the Cit Gounc-l-whish, after rescind all or,part' of the development:allotment, and award such development allotment to,the proposed' development next. on the;list which has qualified for such allotment and which is capabJ.e of commencement in the 1978-79 construction year.