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HomeMy WebLinkAboutResolution 6724 N.C.S. 10/29/1974 solution No 6724 N: C. MLli:mi _ 10 .16 - 74 RESOLUTION ,REVISING AND:, UPDATING THE`, . .RESIDE■TIAL . IA '' - DEVELOPMENT, STEM FOR THE CITY. OF P,ETALUMA I1,,. ; , . ,:. °, :, "CONTROL • • ,' d�� INTRODUCED B JNCILMAN ° • -; .... . ....... and I Y CO - SECONDED BY COUNCILMAN at a Adjourned . WiliCi f the City' - Meeting o ` it Council Of City: of ' ,Petaluma, on the .._.. _29th - day of Qctabex_• • . , 19 • ' ' WHEREAS,' by Resolution ` 6.113 `N. C::S , • the '':Couri,cil adopted a • Residential Development :Control System for the "' of Petaluma, and ' ,',.' WHEREAS•,,, certain' change's::and° modificat- ion's`fthereto were :enacted ; ..,, • by Resolution "No:, 6"39.3 ,.N.0C °. 5:' ,dated August "2.0, 19;73, and • • - I WHEREAS, the Council has reviewed additional proposed ;revisions p 1 S Stem, which i;t.finds :should to the :Residential Develo ment Contro y to : in the ':form as "presented; . NOW,. THEREFORE; BE IT RESOLVED that the 'City: of-•Petal:uma adopts •, the• :amended Resi �' ' dential Development 'Cortr,ol';Sysaem 'for. this City. in '. the''; form as ;attached ''hereto' and "made' a:`part hereof. ••• • . 111' + ' :� ' ! ' under the power and authority ;conferred .upon this Council by the Ch of. s aid City- . • • .. � , '' " " I hereby certify that the foregoing Resolution'was duly and regulary introduced and " ' • - , , adopted' by. the. Coun of the City of Petaluma. on the.'' 29 s. . day - of Octo , 19 74 ,;, by the following. votes: AYES:, Councilmen :Brunner, Cavanagh, ,Jr:.; '.D'aly;, Harber,son, :Perry, Jr,;, . and Mayor Putnam:- ' ' NOES: • ':Non . , ABSENT: Counc • iTman;Matfei. ATTEST . /-,,?; ity Clerk `: Mayon , F.ORM'CA 10.79. ,- • 10/29/74 RESIDENTIAL DEVELOPMENT-CONTROL SYSTEM OF THE CITY OF, PETALUMA (REVISED OCTOBER OF 1974) It is the adopted policy of the City of Petaluma to establish control over the quality, distribution, and rate of growth of the City in the interest of: • . Preserving the •quality of the community; Protecting the green open-space frame of the City; Insuring the adequacy of the City facilities and services within acceptable allocation of City and school tax fund's; • families including families of moderate incomg t he Wh te in • and older families on limited, fixed incomes; and • .Insuring the balanced development of the City east, north, and west of .the central core. These policies, are more completely set •forth in the Official Statement of Development Policy for the City of Petaluma, adopted / by the City Council, Resolution No, 5760 N.C.S., June 7, 1971. The policies of the City are given •increasingly specific form in three documents: 1. The Petaluma General Plan adopted March 5, 1962, and as subsequently amended from time to t 2. The Petaluma Environmental Design Plans adopted March 27, 1972. 3, The Housing Element of the General Plan adopted September 5, 1972. The General Plan establishes .long general development • policy. The Environmental Design Plan establishes medium-range and more specific and detailed development Policy directed to the development period 1973 The Housing Element of the General Plan definesthe housing policy goals of the City and establishes a proposed Residential Development Program 1973 as set forth on page 22a of thie Housing Element. It is the purpose o# this Residential Development Control System to implement the pblicies of the City of Petaluma as recorded in the Development Policy Resolution and the three official documents referred to above, In order to accomplish this purpose, the City must be able to control the rate, distribu- tion, quality, and economic level of proposed development on a 41/ year-to-year basis. To this end the City Council hereby establishes the following Residential Development Control System for the City of Petaluma, which system shall be In effect from and after its adoption by resolution of the. City Council until modified or terminated by resolution of the Council, I, APPLICABILITY OF THE RESIDENTIAL DEVELOPMENT CONTROL SYSTEM The provisions of the Residential Development Control System shall apply to all residential development in the City of Petaluma including single- and multi-family housing •and mobile, homes, with the exception of projects not defined as subdivisions under the provisions of the Subdivision Map Act (i.e,, four or less lots), fourplexes or lesser numbered multiple dwellings on a single existing lot, single-family residential units on a single existing lot. II, ESTABLISHMENT OF RESIDENTIAL DEVELOPMENT EVALUATION BOARD In order to administer the system set forth herein, and es - Pecially to make the evaluations set forth in. Section V below, a Residential Development Evaluation Board (hereafter called the Board) is hereby established, the membership of which shall appointed by the City Council as follows: 2 members from the City Council 2 members from the Planning Commission 3 citizens from either a business or profession E/W/Cettral 4 members from each of the local school boards 1 from the Petaluma Elementary School District 1 from the Old Adobe Union Sthool District 1 from the Cinnabar School District 1 from the St. Vincent School System 6 citizens at large. E/W/Central 17 Total Members It is recommended that 3 of the 9 citizen members of the previous year's Board be selected to provide continuity in the process, .The Board members will be appointed for 60 days, and then the Board will disband unless a time extension is deemed necessary and required by the City Council. This will give them time for the rating.and allo- cation of Projects and any reevaluations that are necessary. Board will make its recommendations to the City Council and will have no re- lationship with other boards or committeez, with the exception of the membership guidelines as put forth above. It will not be concerned with policy, but will act only in an advisory capabity. • - NOTE: T e ita ic print t roug °tit t is po icy reSo ution is or t e purpose of explanation and interpretation of various sections of the • policy statement, -2 - u iw. • • III ESTABLISHMENT OF - ANNUAL •RESIDENTIAL DEVELOPMENT QUOTAS each numbers of dwelling units hereinafter to be constructed y in ,the City of ,Petaluma - (except for dwelling units ex- `p ed rri!'aceordance ,With thehprovisionsnoflsas _ shall em t 1, be established by action o I. The quantitative, quotas shall be based.on, the numbers of single- family and multi- family 'units- set forth in the Residentia,l. 'Development Program of the Housing Element of ,the Petaluma General Plan. 2. The distribution Of the quotas ease,; 'central, and . ihr west Petaluma shall be,,based. on the Residential • Development Program of the Housing Element of the Petaluma General ° Plan,. The annual quota for any housing type and for any section of the City as set forth in t:he, Housing Element may° be modified by greater 10 more or less than. figure the respective fi for any the Council 'to a g ,` an amount not given ye`ar teeter an as set forth in the Residential Development Program, provided that the annual quota for the next succeeding year shall be set h :igher or lower; as the case may be, in order to redress any exc.e.ss ` or deficiency and maintain. insofar as possible the balance set forth in the Residential Development Program. In addition to the annual quotas for .quantity:and distribu- t housing, to t Ca tail:may require that between 8% and 12% of each year's shall be low- to '..moderate- income housing as set forth in the ' Hous±ng Element. Prior to the ' subinta1 date for the ensuing year, ' the City .Council shall, by . ;r;e.solutionY sh a:l:location'qu:otas of the to ion quotas fob` the ensuing the Board to adhere ell g un ts, shall dir various q es of w .., year, and shall publish them in appropriate ways. IV.. .DEVELOPMENT ALLOTMENT' APPLICATION Before a developer may -submit any res &deri4 ai development application as defined' in 'Sect:Lon° 1 herein for approval or may be issued a building permit (except for •an ,one- or two - y unit as specified in I above „� he shall apply for and be granted a Development” Allotment. as set forth herein AA l a pp .icatl:'on for an allotment Shall. be ;made by the - deVe'l"o,per en a form provided by the ,City. pp shall :be accompanied an:i ed by . p " lie following B.. 'Thee °a� licat�:on documents, or.° so ,many of them as are applicable: 1. S 1 te , ' 'Utz= 1:izatori Map including: a. Vicinity Map to show relations to,: • A d e a ce n t . p g , area, and I, ent - develo meat su.rrou,ndin -3- • ID-. - Site use layout map to:shOm amount of areas . • and intensity of 'uSe Industrial;' commercial; residential categories; and Open-spate, The site use 'layout map is f major importance; theft vicinity map may be shown :as, a smaN -lnset map.. 2. Site Development Plan: Lot layout to preliMinary subdivision map standards; topography; lot , s1-zes;: street alignments; ShoWing coordination with City Street system; and existing and proposed building's trees, landscaped areas., • 3. Preliminary Architectural Plans: • Typical arthitectural elevations, types, and numbers of dwelling unit's. 4.., Preliminary Landscape :Plans: General indications of plantin , g- 5. Housing Marketability and Price Distribution'; • Expected ranges of 'rental amounts or sales prices. 6. Residential Security: Proposed locks and, security devices on doors and windows. 7. Development Schedule:, • • Proposed schedule of development including phasing, if any, and all applicable processes such as environmental assessment, tentative and final subdivision Maps, pre- zoning or rezoning, annexation, site design review', etc. C. The application shall be submitted by the .close of business On June•.30th ,in order to be considered for develOpMent , during the ensuing year commencitig May *December 2, 1974, application deadline • for the 1975-76 construction year only. D. Each applica-tion shall be accompanied by a fee in the amount of $:25 plus $2 per dwelling unit included in the , application up to a maximum of $160 S.uoll, fee Shall not be returnable in the event that no Development Allocation is awarded. is expected that this fee should refleot the cost incurred by the Planning staff and the Board in processing the applications. A minimum fee is necessary because ail . proposed develOpments:, 'no matter -4- ..,-- ' 1 0 how sinall, 'Will require a .pertain amount of stLdy. Thy incremental, a portion of' th'e -;fee should reflect tthO. add tL tirrie nee "ded' . to ,, 1 i i ,, Study larger de:7 el(pmer't s i , „, t V. '' , LLDE _EV LUATION "' ', .i, '. 'The 'Director of Community' Development s "� . , hall, review all ' appl_i- , ' ca tions Plan anal E Nether or not the conform „ to., the Petaluma cations and determine Des n. Plans onmental a ' . shall be rejected by rector of mmun the yaforemon ,plans pA A , ' t bevel - P the developer shall 'be g iren a notice of 'non confo.rni,ty .application. , , within 10 days , . of the submission of hi -s s,. .D.irec , decision,„ of the N The developer may ,appeal, of Com , , AP - eal the d ' .ec�; munity Development to the City Council .in writing within 10 days ' of i notice of. non- conformity. • The city " Cou.nci1 shall review the appeal y A i.rec,tor of Community he a eal and May u hold the dec�s�on o f the D 4 `'I Development to reject the a.pp1icati:ori on 'the 'ba ofiinon- conformity with said plans or determine that °the application. is an Substantial . conformity with said plans. , �,n� ,, • A. Availability of Pu.bl.i.c Facilities and Services: ` • pp at ion fo ' oe. r i p and services. The a u on. loca fac for its relation l �c T� d� shal examine, eac a. o e A to or City deparbment' or .outsedeapublc agencies , . shall provide' recommendations to ,th Board,,, and the Board shall rate' : each : deve.lopnnent by voting` ° "yes” • or "no" on . , ' each of the following, ,,attributes .,, 1, . • • 1. The °'ability and ' of the water ''system . to provide for the needs of, the propo :.d.ee•l vopmerit without system e „ xtensions beyond. t 'which ...the LdeVeloper will ' , consent to provide . (Re,ao.mmendat ov7 from the Petaluma Public W arks o rtmento ) - a bi.1f of y .sewers to 2 . The, a apacty of the sang ta, r sew dispos o the and of • the propos � lopment aY �. zn s extenions 'beyond those .whe ut ..System , y r . which the developer will consent to provide-. (Reconvnenda,tion ' f rein the Pet 1pna P7,M4 Zc; Works Depart t-.) , 3. The ;ability aid capacity of the drainage facilities ,,i to adequately dispose , ,of the surface runoff,.: of the proposed deve�lopmen;t without syste exens on's`beyond ' '' those ,Which the d'eve m 't oper,'Wil�l'. consent to-'provide. ' ommendat ion from the onnomo Count Water ; A' enc '�RPC� ... � - f ,County 9' y 4� The abi lity of the Fire 'Department of. t he •City. Of . de fire rot'ectlon. accordin to the p' A g established res standards ,of' .:the ,, C , .ity , without the necess•ty of establishing a new station or . requiring addition. of major , equipment to an, existing° station,. e Armmendation from h PetaZ'i +tea FZr e pa tment. J • s _5_ ro 11,' . . , 44 5,. . The capacity o.f the appropriate school, 'to abs'brb the • Children, 'to inhabit a proposed development .without necessitating or adding to double ,sessions or ,other: unusual scheduling :Or cias.sroom overcrowding. (Recommendation from the appropriate school di stricts:, )y. 6",.. The ability and capacity o "f major street linkage to provide for the need's :of: the proposed development without substantially altering •existing tr.af,fic pat terns or overloading the existing street system',, and the •availability, . of other public facilities (s,uch as parks, pIaygrou,nds, etc.) to meet the additional. demands • for vital public services without extension • of ,services beyond •those provided by the developer. (Reeo emendation from the appropriate department heads. ) B. Quality of Design and Contribution, of Public Welfare. . and A nen- ity,:" The Boar-di-shall examine each application and .shall, rate . - each development by the assignment of no more than the ' • maximum, number- of points a lowab.le. on each of the - following att- ributes: • 1. Site and architectural design quality which may be indicated_ by the harmony of the proposed buildings in terms of size, height, color, and location wl'th . existing ,neighboring development. (20 ,points.) , 2. Site and •atchi,te,c'turaa.design quality which may • ;be ,indicated by the amount and .ch•aracte•r of .landscaping a_nd, , screening. (;10 points. )' 3. ,Site an • d ' architectural. design qua i,ty which may be indicated -.by the arrangement of the site for • effic!iency. .of circulation, 'On and off-Site traffic safety, pr.ivacy,, etc. . (20 `points . ) 4,. S' ;i.te and architectural,. design ggal.i.ty which may' :be . indicated by the " "amount of private ,safety, and . secur:i.ty provided in the design of. the individual. structures . (.5 points'.) , ° 5 The provision of public and/or private usable open space. and, where .applicable the greenbelt, provided. • .for .in the Environmental Design Plans. (15 points -.) 6. P-rovision- of :foot or •bicycae; ;paths, equestrian trails, ' or ,pathways. (10' points. )' . \• 7. The extent to :which the proposed 'develop • meat accom- plishes :an orderly and contiguous extension of existing development •as against "leap frog" develop- , - - ment,, as exemplified by ,beng• either within current `City limits or contiguous •to urban development within,` the City' limits. . (15 points...), . ' • ��:�, 8 The rovisio n p � l' ties such. as �. . al linkages th a- crit.ic� in � � n of needed � aci- ,• . � ma or street system, school .rooms, ° or - other public'faclit'es. (10 points.) The provision of units to meet the City's policy . goal of a% to 12% low and'moderate income dwelling units annually. (15 points;) , C. After having .stu'died each application', in accordance with parts . A and B, in''reg-ard to each of these criteria, or so many of them a's °maybe ' applicable,' 'and. having assigned • evaluation points in accordance with' their finding as to the value of 'the c,ontrbution to th °' q ty of arohitec e �ua1i - tore and Several contributions to P g y site design, n and, the se the ublir welfare and amenity made by each proposed development, the Board s.hall arrange the developments in order by housiig'type and by section of the City, from that receiving 'the greatest total. number of evalu- ation points tto that receiving the least number. • D. Havin g evaluated eeachdevelopment i.n accordance with the foregoing criteria., , Board shall, ,publish in appropriate -- ways the rating g'ive.n to each development on each of those criteria. •The Board sha11 then schedifie•-a..hearing to be held within 15 days of , classificatt.on, of any point assign- ments made by the 'Board. 1. Any. applicant May request the 'Board to reevaluate the p assignment oint nm:ent made on any ', g or' all of the „ criteria. 2. Any applicant,who is dissatisfied with the Board's reevaluation may siubmit .written° •n of • such dissent, which wall .be. furnished to the City Council prior to the awarding 'of Development Allotments. 1 a E. Having eval, uatedeach , development andhaving held a hearing and made final .determ±.nations on'all point g,. thlaPPa s tothe a CityCou •ncill present for the asst c' nmen� s o �. awarding of • Develo men. their last of evaluations . p t A °.11otments. ' • As previously_ ,stated, all applications must be °submitted by June 30th. From June 30th -to August 1. the various public agencies will Study the /applications and will present the •°re'commendat ons to the Board ; on 4 or August .15th,, The Board will meet' as often as necessary during the months of August, September., and October to evaivatel ali of the applications, and will , pubrlish their , ratings on or about October .5th. The Board` wilt hold their hearin- w th 15 days th ereafter,' and will 'present the points' rankings to the City ouncil on the it vem, er y first y b s t Mona vn� �To *Applications for the 1975 - 76 construction year wilt have ; December 2, 1974; deadline. Staff evaluation will take place until. the first Board. -7- • 41k ,- 111. :meeting: to be. held on or about January The Board will publish. the ratings on or about March 15th, will hold the public, hearing within 15 days thereafter and wi:lt present the point rankings to the City Council on the first Monday in April,, 1975.- VI. DEVELOPMENT ALLOTMENT AWARDS... • • • A. Having 'received the recoramendations, and rankings of the proposed developments from the Board, the City Council • • shall set a date for hearing applidants' appeals. After hearing all appeals, the City Council shall, by resolution • award DeVelopitent Aliattenta as applied for, ,starting With those projects receiving the most evaluation pOirits in each housing type category and proceeding i-n or.der • down .the list 'provided Any applicant- may appeal the Board' s' evaluation to the City COuncil. The •City COUncil 'will. act on said appeals and award Devalopmentv Allotments on the third Monday in November or at a subsequent Special meeting of the City Council. • -' he 19,75-76 construction ,year, this meeting will be on the third Monday in April 1975, or • a subsequent teets.ng. . 1. Development. 'Program .Quota. • - • The number of dwelling units for each housing type and for each :section of the City for which ,DeVeloP- ment Allotments shall be issued :shall not exceed the .qUot.a.-s established by the City Council in - accordance With Section III herein. 2. Allocation Limitation, 'NO SINGLE DEVELOPMENT SHALL IN ANY ONE YEAR BE ISSUED DEVELOPMENT ALLOTMENT FOR DWELLING UNITIN ECESS OF .A NUMBER TO BE ESTABLISHED BY RESOLUTION OF THE ,CITY COUNCIL,. The City founoil al,/ set this imitation at. the same time it establishes quotas for housing typee., 3. When a deVeloper has applied a Development _Allot- • ment in excess of either he above litnitation ,or the quotas estab.lished, for each, housing type, but has received a high evaluation., point 'rating, the Council • may, at its discretion, award more than the maximum Development ,Allotment allowable to the. developer with the stipulation that the excess units Shall be constructed during the following year of the program. • This will, of course, limit the number of additional units that may be approved for that particular housing type in the ensuing year -s- .. . 4111 . 4 . Minimum Evaluation Requirements:: The Council shall. eliminate' from consideration anydevelopment which has not been astigned a minimum of -t ,outOf 6 poble.-'yee votes under Seotion V-B, . or ,a. Minimum of 35 points under. Section V-C. . . _Because Of the importance of .meeting the criteria in Section V-B " , • in awarding the, Development Allotments, the Counc1,1 should favor those applicants who have received 6 "yee votes on Section 11-B, , • ..even if they have received sightly qubjer scores on Section 17-C. , . If the higheSt 'ranking development : any 'housing type and section of the City. does not meet or exceed one or both of the - .,minimum eivaludtiOn re4uirements, the 'City, Councii shall make no Development Allotment for •that particular category.. The number .. _ . . . of units allowable for that category May then be added to the • quota-for the ,ensuing year. I , B. The Director of Community Development shall •review on a monthly basis, each: application: which. has received, a development allotment to determine whether or: riot • satisfactory: progress, is being ,:made with the processing • .r of the appropriate plans with the, Department of Com- munity :Development. , ,Should a developer fail to comply with the development schedule submitted with his appli- cation, or vshouIa- he fail to initiate the processing of the approPria,te plans, the Director 'of Community Development shall report , this failure,. to : the City Council Which; after holding a hearing, may by majority vote rescind .411 or part of , the ,developmen,t, allotment , and may awara the allotment to the next satisfactory applicant on the :,kanlc,,1 award •list whose :proposal is of . , the same type and. in the same-sectorlas the withdrawn allotment; or the,City_Councilmay hold the unused allotment for addition to the ensuing year's quota. C. Should a developer fail to carry oUtflilly the develop- ment as detailed in his application within 24 months, any unusea:portion of his Development Allotment may be • rescinded in the manner set forth in B above, unless the developer has shoWn‘good faith and has developed at least 25% of his allotment, or in the case of sub- divisions . ; has 'added PubliC'improveMentt ('water, sewer, streets, etc.) and amenities which equal at least 25% of the:total deVelopment costs, and can:show:that he will conclude develPPMPnt within one year. D. If changes in development plahs are required' in order • to'beet ,zoning, :subdivision, or.apy other applicable -regulations, the Director of Community Development shall review said changes and determine whether or • not the are of such magnitude as to constitute revised • . "development'plans and thus require action by-the City Council. • IIP vii.. ADDITIoNAL•RE'GuLATIoNs . A. Annexation or Zoning Ordinance -Amendments': ShoUld any applicant need to apply for an aMendthent to the General Plan, the. Environmental Deign Plan or •the Zoning Ordinance in order to provide for a proposed development; such amendments will be applied for in the usual manner and prior to the date for Submitting .applications for Development Allotments. Action on such requests will not be taken prior to the awarding of allocations. B. • Should the arrangement of projects as provided in Section \r-D produce the situation in which two pro- jects have equal evaluation point scores, but only One project can be per within the quota, the City Council may offer those applicants 4 pro rata.-' share of the number of units available within the quota, or may dispose of such a tie in any other manner deemed equitable by the City Council. C. The Board may, by majority vote, make rules and regulations for the conduct of its business not in conflict with the provisions of this resolution. D. Board members shall vote individually, and hot. as a group, for each criterion on each development application. The '"Yes" or ratings in Section .Shall be determined by simple majority vote. • The point ratings in Section V.B. shall be determined as averages by adding up the points assigned to each • criterion on each'development and dividing the total by the number of members voting, • • -10-