Loading...
HomeMy WebLinkAboutRESOLUTION 2024-081 N.C.S. 07/01/2024 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 Resolution No. 2024-081 N.C.S. of the City of Petaluma, California RESOLUTION OF THE PETALUMA CITY COUNCIL MAKING FINDINGS OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF AN ORDINANCE TO MODIFY EXISTING REFERENCES TO SPECIFIC POSSIBLE EXPANSION AREAS, MODIFY CRITERIA SPECIFIC TO TRANSIT ORIENTED DEVELOPMENT, EXTEND THE TERM OF THE PETALUMA URBAN GROWTH BOUNDARY THROUGH DECEMBER 31, 2050, AND MAKE CONFORMING AMENDMENTS TO THE PETALUMA GENERAL PLAN 2025 AT THE GENERAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 5, 2024, REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 5,2024 STATEWIDE GENERAL ELECTION AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS AND RELATED MATTERS WHEREAS, the City of Petaluma's Urban Growth Boundary (UGB) was initially adopted through voter approval of Measure I in November 1998; and WHEREAS, the City's voter-approved UGB established a physical boundary to contain urban growth and development in Petaluma; and WHEREAS,the term of the UGB as adopted in 1998 extended through December 2018; and WHEREAS, the purposes of the UGB include: encouragement of efficient growth patterns, promoting uses that foster public health and safety and productive investment for farming enterprises on lands outside the UGB; protection of Petaluma's natural setting; facilitation of housing needs for all economic segments of the population where services and infrastructure can be provided most cost effectively; and fostering appropriate economic development in accordance with the City's unique local conditions; and WHEREAS, the City's 1998 voter-approved UGB was codified as an amendment to the Land Use element of the City's 1987 General Plan, and consisted of Goal 1-G-4 and Policies 1-P-29 through 1-P-36; and WHEREAS, , the City Council certified a program Environmental Impact Report, State Clearing House # 2004082065, ("EIR") in accordance with the requirements of the California Environmental Quality Act ("CEQA") for the City of Petaluma General Plan 2025 with the appropriate findings of fact on April 7, 2008 by the adoption of City Council Resolution No. 2008-058 N.C.S.; and WHEREAS,the Petaluma City Council adopted on April 7,2008 Resolution No.2008-059 N.C.S. approving the Petaluma General Plan 2025 and replacing the City's 1987 General Plan; and WHEREAS, following adoption of the General Plan 2025, in 2010 the City Council placed a ballot measure before the voters to extend the term of the UGB through December 31, 2025, to coincide with the anticipated build out date of the-newly adopted General Plan 2025; and WHEREAS,in November 2010,Petaluma voters approved the ballot measure extending the term of the UGB through December 31, 2025; and Resolution No. 2024-081 N.C.S. Page 1 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 WHEREAS, the 2010 UGB ballot measure made no other changes to the UGB approved in November 1998 by Measure I; and WHEREAS, the UGB boundaries are unchanged from the boundaries approved by the voters in 1998, and the City has not approved any expansion areas or approved any exceptions to the UGB boundaries as General Plan policy 1-P-32 permits; and WHEREAS, subdivision (b) of Government Code Section 65358 allows General Plan amendments when deemed in the public interest, and the City of Petaluma is currently preparing a comprehensive General Plan update, which is anticipated to be adopted by the end of 2025; and WHEREAS, as part of the community engagement and visioning process of the 2025 General Plan update, the UGB has been identified as important for the future vision for the growth of the community; and WHEREAS, the City's recently certified Housing Element for the 6th cycle demonstrated the ability to facilitate housing production within existing City limits to meet the 1,910 housing units assigned to Petaluma as part of the Regional Housing Needs Allocation; and WHEREAS,the City Council held a public workshop on January 22,2024,to provide feedback and direction regarding development of a measure for placement on the November,2024 ballot for voter approval to extend the UGB term through December 2050 prior to its expiration on December 31, 2025; and WHEREAS,the City Council directed on January 22, 2024 that the measure to be presented to the Petaluma voters to extend the UGB term through December 31, 2050 should preserve the UGB boundaries and policies, except that;potential UGB expansion areas related to transit-oriented development should be modified to preserve and expand the Corona Road expansion area, and that the other transit-oriented development expansion areas identified in the UGB should be eliminated; and WHEREAS,the purposes of the UGB remain important to the community and consistent with the vision and guiding principles being discussed by the City Council in preparation for the 2025 General Plan update; and WHEREAS, the Planning Commission held a duly noticed hearing on May 21, 2024, considered all written and oral communications and the staff report and supporting documents related to the proposed measure to extend the term of the UGB through December 31, 2025, and to modify UGB provisions concerning transit oriented and industrial development, which proposed measure is attached to and made a part of this resolution as Exhibit 1; and WHEREAS, considering the measure to extend the term of the UGB through December 31, 2050 and make associated modifications to transit oriented and industrial development expansion areas as a project for purposes of compliance with CEQA and its Guidelines, the project is exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3), commonly referred to as the Common Sense exemption, Guidelines Section 15307,regarding Protection of Natural Resources, and Guidelines Section 15308,regarding Protection of Natural Resources and the Environment, in accordance with the following: 1. The project is eligible for the Common Sense statutory exemption as there is no physical development that would occur outside the existing urban growth boundary, and it can be seen with certainly that no adverse direct or indirect environmental impacts would result from the extension of the UGB term and expansion area modifications, most of which are subtractive; Resolution No. 2024-081 N.C.S. Page 2 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 2. The project is eligible for categorical exemptions pursuant to CEQA Guidelines Sections 15307 (Actions by Regulatory Agencies for the Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) as it involves continuing, well-established policies and regulations that create a boundary within which urban growth is limited and without the proposed term extension through 2050, the UGB will sunset on December 31, 2025, which would remove all limits on urban growth imposed by the UGB; 3. The project would reestablish and extend the term of the UGB with limited proposed modifications to transit-oriented development expansion areas, most of which are subtractive, and make no changes to the physical boundaries of the existing UGB through December 31, 2050; 4. The UGB restricts development within the City's planning area to urban and infill properties and prevents urban sprawl, preserves urban separators, open space, and agricultural lands surrounding the City of Petaluma, thereby protecting natural resources and the environment; 5. The UGB reinforces the General Plan's intent to accommodate planned future growth and to buildout in areas planned for development, in a manner consistent with goals and policies to protect natural resources and the environment, as well as public health and safety, while accommodating a diversity of housing options, and reducing greenhouse gas emissions to advance the City's goal of achieving carbon neutrality by 2030; 6. As the proposed extension of the UGB through 2050 serves to further the protections to natural resources and the environment afforded since the UGB's establishment in 1998, the project is exempt pursuant to CEQA Guidelines Sections 15307 and 15308 and, since the project will not result in physical impacts and it can be seen with certainly that the project will not result in environmental impacts,the project is exempt pursuant to CEQA Guidelines Section 15061(b)(3); and WHEREAS, on May 21, 2024, the City of Petaluma Planning Commission considered all written and oral communications, the staff report and all supporting documents relating to the proposed measure to extend the term of the UGB through December 31, 2050, and to modify UGB provisions concerning transit oriented development before voting to recommend that the City Council place the measure on the November 5, 202; and WHEREAS, on July 1, 2024 the City Council held a duly noticed public hearing to consider placement of the proposed ballot measure to amend the General Plan 2025 on the November,2024 general election ballot, and considered all related written and oral communications, the staff report and all supporting documents; and WHEREAS,November 5, 2024, is the date of the City's next regular municipal election; and WHEREAS, Section 4 of Article III of the Petaluma City Charter provides that except as otherwise specified in the Charter, all regular and special city elections are to be held in accordance with the Elections Code, as amended; and WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides that ordinances may be enacted by and for the City pursuant to Division 4 (now Division 9) of Chapter 3, Article 1 of the Elections Code, as amended; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for submission of measures to the voters, including consolidation of municipal and statewide elections, placement on the ballot, Resolution No. 2024-081 N.C.S. Page 3 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 amendment and withdrawal, submission of ballot arguments, and preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows: 1. Findings. A. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. B. This action to place before the Petaluma voters at the November 5,2024 general election a proposed measure to extend the term of the Petaluma UGB through December 31,2050, and to modify UGB provisions concerning transit oriented and industrial development is exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3),the Common Sense exemption, Guidelines Section 15307,regarding Protection of Natural Resources,and Section 15308 regarding Protection of the Natural Environment,because the proposed extension of the UGB term through December 31,2050 and modifications to potential expansion areas, serves to further the protections to natural resources and the environment afforded since the UGB's establishment in 1998,and because it can be seen with certainly that the project will not result in environmental impacts. 2. Election on Measure Ordered. Pursuant to the requirements of the City of Petaluma Charter,and other applicable law,there is called and ordered to be held in the City of Petaluma,California, on Tuesday,November 5,2024, an election for the purpose of submitting to the voters a measure that,if approved by the Petaluma voters,would modify existing references to specific potential expansion areas,modify criteria specific to transit oriented and industrial development, and extend the term of the Petaluma Urban Growth Boundary through December 31,2050 to continue in effect provisions that: restrict development within the City's planning area to urban and infill properties;prevent urban sprawl; and preserve urban separators, open space, and agricultural lands surrounding the City of Petaluma, thereby protecting natural resources and the environment. 3. Ballot Language. The ballot language for the proposed measure shall be as follows: MEASURE "Shall an ordinance be adopted to extend the term of Petaluma's Urban Growth Boundary ("UGB") through YES December 31,2050, and to modify UGB provisions concerning transit oriented development?" NO 4. Text of the Measure.The measure to be presented to and considered for adoption by the voters pursuant to Section 2 of this resolution is as set forth in Exhibit A attached hereto and made a part hereof. 5. Consolidation of Election. A. An election on the measure set forth in Exhibit A shall be held in conjunction with the municipal election to be held in the City of Petaluma on Tuesday,November 5, 2024. In accordance with the Petaluma City Charter and California Elections Code Section 10403,the City Council requests that the Board of Supervisors of Sonoma County consolidate the election on the measure with the statewide general election on the same day and issue instructions to the Sonoma County Election Department to take any and all steps necessary for the holding of the consolidated election. Resolution No. 2024-081 N.C.S. Page 4 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 B. The election on the measure set forth in Exhibit A shall be held and conducted,the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and the Elections Code. C. The election for the measure set forth in Exhibit A shall be held in Sonoma County in the City of Petaluma on November 5,2024,as required by law,and the Sonoma County Election Department is authorized to canvas the returns for that election with respect to the votes cast in the City of Petaluma. D. At the next regular meeting of the City Council of the City of Petaluma occurring after the returns of the election for the measure set forth in Exhibit A have been canvassed and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. 6. Ballot Arguments. A. In accordance with Elections Code Section 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. B. In accordance with Elections Code Section 9282,the following headings,as appropriate, shall precede the arguments' wording,but shall not be counted in the 300 word maximum: "Argument Against Measure_"or, "Argument for Measure_"(the blank spaces being filled only with the letter or number,if any,designating the measure). C. In accordance with Elections Code Section 9283,printed arguments submitted to voters in accordance with Section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s)and signature(s)of the author(s) submitting it, or if submitted on behalf of an organization the name of the organization and the printed name and signature of at least one of its principal officers. Arguments are due in the office of the City Clerk prior to 5:00 p.m. on Thursday,August 15,2024. D. The City Council may authorize,by motion, a member or members to prepare a draft argument for the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code Section 9287, any council members authorized by the City Council to do so may sign the argument for the measure. However,in accordance with Elections Code Section 9283,if the argument for the measure is signed by more than 5 council members,only the signatures of the first five council members to sign the ballot argument will be printed with the ballot argument. E. Alternatively,the City Council may authorize,by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument for the measure. 7. Rebuttal Arguments. A. Pursuant to Elections Code Section 9285,when the City Clerk has selected the arguments for and against the measure,that will be printed and distributed to the voters,the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. B. Rebuttal arguments shall not exceed two hundred fifty words and may be signed by more than five persons, however,only the first five persons to sign will be printed with the ballot measure. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. Resolution No. 2024-081 N.C.S. Page 5 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 C. The last day for submission of rebuttal arguments to the City Clerk for or against the measure shall be by 5:00 p.m. on Thursday,August 22,2024. D. All previous resolutions providing for the filing of rebuttal arguments for City of Petaluma measures are repealed. The provision s of this resolution concerning rebuttal arguments shall only apply to the election to be held on November 5,2024,and following the conclusion of that election are repealed. 8. Impartial Analysis. In accordance with Elections Code Section 9280,the City Attorney is directed to file with the City Clerk by 5:00 p.m. Thursday,August 15,2024,an impartial analysis of the measure,not to exceed five hundred words, showing the effect of the measure. 9. Reimbursement of County for Costs.The City of Petaluma recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. 10. City Clerk Authorized to Take Action to Place Measure on Ballot. A. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Sonoma County and the Sonoma County Elections Department on or before 5:00 p.m. Friday,August 9,2024. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Exhibit A to be published once in a newspaper of general circulation,or any other newspaper designated as the official newspaper of the City of Petaluma,not later than 1 week before the November 5,2024 general election in accordance with California Elections Code Section 12111 and California Government Code Section 6061. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in time,form and manner as required by law. B. In all particulars not recited in this resolution,the election shall be held and conducted as provided by law for holding municipal election. 11. Severability. If any section, subsection, sentence, clause,phrase or word of this resolution is for any reason held to be unconstitutional,unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this resolution and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful, or otherwise invalid. 12. Effective Date. This resolution shall become effective upon its adoption by a majority of a quorum of the City Council. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 1 st day of July 2024, Docusignedv ==1: by the following vote: T 5EF85AE1�3 ADO.rney AYES: McDonnell,Barnacle,Cader Thompson,Healy,Pocekay,Shribbs ll EE11T[ NOES: None Resolution No. 2024-081 N.C.S. Page 6 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 ABSENT:Nau ABSTAIN:None DocuSigned by: DocuSigned by: ATTEST: City Clerk Mayor Resolution No. 2024-081 N.C.S. Page 7 Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 Exhibit A to Resolution No. 2024-081 N.C.S. AN ORDINANCE OF THE CITY OF PETALUMA REPLACING THE EXISTING PETALUMA URBAN GROWTH BOUNDARY TO MODIFY EXISTING REFERENCES TO SPECIFIC POSSIBLE EXPANSION AREAS, MODIFY CRITERIA SPECIFIC TO TRANSIT ORIENTED DEVELOPMENT, AND EXTEND THE TERM OF THE PETALUMA URBAN GROWTH BOUNDARY THROUGH DECEMBER 31,2050 The People of the City of Petaluma do ordain as follows: Section 1: Purpose and Findings. A. Purpose. This measure reaffirms and readopts the City of Petaluma's longstanding goal of maintaining a well-defined and thriving urban community that serves and benefits from surrounding open space and agricultural resources. This measure extends the term of the City of Petaluma's Urban Growth Boundary (UGB)through December 31, 2050 and will help ensure that lands outside the UGB are not prematurely or unnecessarily converted to urban uses. This measure provides that through December 31, 2050, the UGB may only be changed by a vote of the people, or by the City Council,but only in certain circumstances and according to procedures set forth in this measure. B. Protecting the Environment and the Economy. The open space surrounding Petaluma is essential to grazing, agriculture, the dairy industry, and tourism, and thus important to the local and regional economy. These open space lands also provide valuable recreation opportunities,watershed, and wildlife habitat. By encouraging urban development within a clearly defined urban growth boundary, this measure will continue to: 1. Encourage efficient growth patterns and protect the quality of life by concentrating future development largely within existing developed areas; 2. Promote uses that foster public health and safety and productive investment for farming enterprises on lands outside Petaluma's UGB; 3. Foster and protect Petaluma's natural setting while encouraging appropriate economic development in accordance with the City's unique local conditions; 4. Concentrate growth within a well-defined urban growth boundary in order to limit the extent of required City services and restrain increases in their cost; 5. Allow the City to continue to meet the housing needs for all economic segments of the population, especially lower and moderate-income households, by directing the development of housing into areas where services and infrastructure can be provided most cost effectively; and Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 6. Promote stability in long-term planning for the City by establishing a cornerstone policy within the General Plan designating the geographic limits of long-term urban development and allowing sufficient flexibility within those limits to respond to the City's changing needs over time. C. Future General Plan Updates. This measure provides for maintaining in effect and unchanged, except as otherwise specified in this measure, the existing UGB as shown in the General Plan 2025 through December 31, 2050, the term of anticipated build out of the updated General Plan that is currently being developed and is expected to be adopted in 2025. If this measure is approved by the Petaluma voters, future amendments to the UGB prior to 2050 must either be made in accordance with procedures set forth in this measure that permit certain changes to the UGB adopted by the City Council or must be submitted to and approved by the Petaluma voters in accordance with applicable law. Section 2: UGB Amendments A. Planning Boundaries Map, Land Use Map, and other Exhibits. The UGB as depicted in the General Plan 2025 Figure i-3 Planning Boundaries, and other maps, exhibits and all references to the City of Petaluma UGB shall, if this measure is approved by the Petaluma voters, continue in effect unchanged; except that, all "Possible UGB Expansion Areas" are deleted; except for the Possible UGB Expansion Area at the northeast corner of the intersection of Corona Road and the SMART railroad, which shall remain in effect as amended pursuant to this measure. Exhibit A.1 to this measure depicts the UGB as amended pursuant to this measure. B. General Plan Text for Goals,Policies, and Programs. The following Goals, Policies, and Programs appearing in Section 1.4 of the Land Use, Growth Management, and the Built Environmental chapter of the Petaluma General Plan 2025 is hereby amended to read as set forth below. (New text is indicated in underline bold type while text to be stricken is in stT-ilee ; text in standard type is as it currently appears in the General Plan 2025). If this measure is approved by the Petaluma voters, the following Land Use, Growth Management, and Built Environment Goal 1-G-4 entitled"Urban Growth Boundary," and related policies and programs 1-P-29 through 1-P-36, shall repeal and replace the existing Built Environment Goal 1-G-4 entitled"Urban Growth Boundary," and related policies and programs 1-P-29 through 1-P-36 and become a part of the General Plan 2025 upon this measure taking effect, and shall be incorporated into and be a part of the successor General Plan expected to be adopted in 2025. GOAL 1-G-4: Urban Growth Boundary Maintain a parcel-specific Urban Growth Boundary Policies and Programs: Goal 1-G-4 and Policies 1-P-29 through 1-P-36 constitute the 2024 UGB ballot measure. 1-P-29 It is the policy of the City to build within the agreed upon Urban Growth Boundary.No urban development shall be permitted beyond the Urban Growth Boundary. "Urban development" shall mean development requiring one or more basic municipal services including,but not limited to,water service, sewer, improved storm drainage facilities, fire Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 hydrants and other physical public facilities and services;but shall not mean providing municipal or public services to open space uses,public or quasi-public uses such as schools or public safety facilities. Said municipal or public services or facilities can be developed beyond the UGB to provide services within the UGB. A. Maintain a time certain and parcel-specific Urban Growth Boundary around the city, beyond which urban development will not take place. B. Use the growth management system, design review, or other project review methods to assure that the density of new residential development is greatest within and adjoining existing urbanized areas and gradually and logically lessens as it approaches the urban edge. C. Encourage the County to continue to promote agricultural land use and to strictly limit further residential infilling on lands beyond the Urban Growth Boundary within the Petaluma Planning Referral Area. 1-P-30 No urban development beyond the Urban Growth Boundary shall be served by City services except for(1)extensions to residential dwellings in existence or approved for construction on parcels created on or before December 5, 1983; (2) extensions required pursuant to the terms of a service contract in effect as of July 20, 1998; (3) extensions to remedy a clear health hazard to residential dwellings in existence or approved for construction on parcels created on or before July 20, 1998 where there is no reasonable alternative means to remedy that health hazard; (4) extensions to open space and park uses; (5) expansion of service to public and quasi-public uses existing as of July 20, 1998; and(6) extraordinary circumstances pursuant to applicable General Plan policies. Extraordinary circumstances justifying extension of City services outside of the UGB shall be deemed to exist only if the City Council makes each of the following findings based on substantial evidence in the record: • That the land use to which the City service would be extended is consistent with all applicable policies of the City's General Plan; and • That the land use to which the City service would be extended is compatible with open space uses as defined in Government Code section 65560 as of July 1, 1998, does not interfere with accepted agricultural practices, and does not adversely affect the stability of land use patterns in the area; and • That the property to which the City service would be extended is immediately adjacent to land already served by the service(s)to be extended; and • Those specific circumstances, unique to the property to which the City service would be extended, would otherwise deprive the property of privileges enjoyed by other comparable property outside the UGB and in the vicinity of the property to be served; and • That substantial evidence demonstrates that the proposed City service extension will not cause the Levels of Service specified in adopted City policies to be exceeded with respect to water, wastewater,parks, fire services, police services, storm drainage, schools,traffic and other public facilities and services. 1-P-31 Except as set forth in Policy 1-P-32,the Urban Growth Boundary Policies 1-P-29, 1-P- 30, 1-P-31, and 1-P-32 shall be in effect uml through December 31, 2D25 2050. Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 1-P-32 The Urban Growth Boundary designated on the Petaluma General Plan Land Use Map may be amended only by a vote of the people or pursuant to the procedures set forth below: Exception I-Affordable Housing: To comply with state law regarding the provision of housing for all economic segments of the community, the City Council may amend the Urban Growth Boundary in order to include within the Urban Growth Boundary lands to be designated for residential uses, provided that no more than 5 acres of land may be brought within the Urban Growth Boundary for this purpose in any calendar year. If in any year, fewer than five acres are brought within the UGB pursuant to this policy, then the unused increment may be brought within the UGB in subsequent years,provided that; no more than 50 acres may be brought within the UGB before December 31, 2P24 2050. (Thus, for example in 2098-2050 the City Council could, upon making the findings below,bring up to 50 acres within the UGB under this exception,provided none had previously been brought within the UGB under this exception.) Such amendment may be adopted only if the City Council makes each of the following findings based on substantial evidence in the record: • The land is immediately adjacent to existing comparably developed areas and the applicant for the redesignation has provided sufficient evidence that the Fire Department, Police Department, Department of Public Works, the Community Development Department, Parks and Recreation Department, the School District(s) and other relevant City departments and public agencies have adequate capacity to accommodate the proposed development and provide it with adequate public services; and • The proposed development will consist of at least 25 percent moderate income housing and at least 25 percent low and very low-income housing; and • That there is no existing residentially designated land available within the Urban Growth Boundary to accommodate the proposed development; and • That it is not reasonably feasible to accommodate the proposed development by redesignating lands within the Urban Growth Boundary for low and very low-income housing; and • The proposed development is necessary to comply with state law requirements for provision of low and very low-income housing; and • The proposed development meets the intent of General Plan policies relative to density feathering. Exception II -Takings: The City Council may amend the Urban Growth Boundary if it finds,by at least a six-sevenths vote and based on substantial evidence in the record,that: • The application of the Urban Growth Boundary policies would constitute an unconstitutional taking of a landowner's property; and • The amendment and associated land use designation will allow additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property. Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 Exception III-Transit-Oriented or Industrial Development: The City Council may amend the Urban Growth Boundary if it finds,by at least a six-sevenths vote and based on substantial evidence in the record, that: • The parcels to be included within the UGB will be used for transit oriented residential and local-serving commercial development, and at least a portion of each included parcel must be located within 1500 feet a% mile radius of a rail transit station, and/or within the area of the City bordered by Corona Road,Ely Road, and the SMART rail tracks,but excluding parcels north of APNs: 137- 011-027, 137-011-028, and 137-011-030; and the Fire Department, Police Department, Department of Public Works,the Community Development Department, Parks and Recreation Department, the School. District(s), and other relevant City departments and public agencies have adequate capacity to accommodate the proposed development and provide it with adequate public services. No more than 120 acres of land may be brought within the UGB for this purpose before December 31,242-2050; or • The lands to be included within the UGB will be used for office or light industrial uses to improve local employment. Ne land may be b„-etight within the UGB for this pWose before T,,,,uary , 2006 No more than 100 acres of land may be brought within the UGB for this purpose on or before December 31, 242-5 2050. Such amendments may be adopted only if the City Council makes all of the following findings: - That there is no existing office or light industrial designated land available within the UGB that could accommodate the proposed development and it is not reasonably feasible to accommodate the proposed development by redesignating lands within the UGB for office and light industrial uses; and - That the Fire Department,Police Department, Department of Public Works,the Planning Community Development Department, Parks and Recreation Department, the School District(s), and other relevant City departments and public agencies have adequate capacity to accommodate the proposed development .and provide it with adequate public services; and - That the land to be included(1) is immediately adjacent to the existing UGB, and (2) serviceable water and sewer connections can be provided; and - That the land to be included meets the intent of the General Plan pertaining to the preservation of open space or urban separator areas at the edge of the proposed UGB expansion area. • The following areas at the northeast corner of Corona Road and the railroad tracks north of Sonoma Mountain Parkway intersection has ire been preliminarily identified as appropriate for potential future expansion of the UGB, subject to the Council making the findings set forth in one of the first two s^�s paragraphs of Exception III above. Identification of this potential expansion area The list is not intended to be exclusive or to preclude other potential expansion areas. Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 2 West of Old pceccdrwood Highway near-Penman coa&Or—ehar-d bafie;.of 3. The a ystaek handing area along Petaluma i2ottleya-.a SotAh; 4. Northeast eomer of Corona Road and railroad tfaeks, noAh of Sonoma Mountain The specific boundaries of any amendment to the UGB will be determined at the time that the amendment is adopted. Exception IV-Agriculture,Agriculture Support or Related Development: The City Council may amend the Urban Growth Boundary if it finds,by at least a six-sevenths vote and based on substantial evidence in the record, that the lands to be included within the UGB will be used for an agricultural or agricultural support use.Agricultural Support Use shall mean an industrial, manufacturing or mixed use project which is determined by the City to support the regional agricultural community and economy and is dependent on municipal services to exist. Such agricultural or agricultural support use amendments may be adopted only if the City Council makes all of the following findings: • That there is no existing agricultural or compatible light industrial designated land available within the UGB to accommodate the proposed development and it is not reasonably feasible to accommodate the proposed development by designating lands within the UGB for agricultural or agricultural support uses; and • That the Fire Department, Police Department, Department of Public Works, the Plannin-g-Community Development Department, Parks and Recreation Department, the School District(s), and other relevant City departments and public agencies have adequate capacity to accommodate the proposed development and provide it with adequate public services; and • That the land to be included(a) is immediately adjacent to the existing UGB, and(b) serviceable water and sewer connections can be provided; and • That the land to be included meets the intent of the General Plan pertaining to the preservation of open space or urban separator areas at the edge of the proposed UGB expansion area. Prior to adopting any General Plan amendment pursuant to Exceptions I, II, III, or IV of this Policy 1-P-32, P-the City Council shall hold at least one noticed public hearing for the purpose of receiving testimony and sufficient evidence from the applicant and the public on the proposed amendment and any findings proposed in connection with such amendment. This hearing shall be in addition to any other public hearings regularly required for a General Plan amendment. 1-P-33 Every effort shall be made to keep the visual separation that now exists between communities outside the Urban Growth Boundary.All references to the Urban Limit Line in this General Plan and other City policies, ordinances, and regulations shall be considered references to the Urban Growth Boundary. 1-P-34 The Urban Growth Boundary shall coincide with the line shown on the official General Plan Land Use Map until through December 31, 242-5 2050. Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 1-P-35 Growth shall be contained within the boundaries of the Urban Growth Boundary. The necessary infrastructure for growth will be provided within the Urban Growth Boundary. 1-P-36 For properties adjoining the Urban Growth Boundary, it is the intent of the City that projects developed in the City or requesting City services shall be of lid appropriate density (as shown on the General Plan Land Use Map), unless greater density is required to satisfy the requirements of state housing laws, and shall be designed to preserve the visual and physical openness and preserve the aesthetic and natural features of that portion of the property proximate to the rural areas outside of the designated Urban Growth Boundary. 1-P-37 Ensure that the UGB continues to serve the community while allowing for consideration of development to meet the goals of this document. A. Present a ballet measure to the eommunit-y to extend the life of the existing UGB ballot meastir-e to 2025, eensistent with the General Plan 202& B-. By, or during,year 24�5 2035, independently or as part of comprehensive General Plan review, analyze the Urban Growth Boundary that includes assessment of a comprehensive range of factors, including: • Availability of vacant land • Growth trends and projections • City's economic development and affordable housing needs, and • Infrastructure capacity Section 3: Conforming General Plan Amendments. A. Consistent with the UGB amendments set forth above, if this measure is approved by the Petaluma voters,the following provisions of the General Plan 2025 are also hereby amended as set forth below for purposes of internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in underline bold type while text to be stricken is presented in s*r' t-type; text in standard type currently appears in the General Plan 2025. • The first three sentences of the penultimate paragraph entitled"URBAN GROWTH BOUNDARY—UGB" on Page i-10 are amended to read as follows: The UGB was established by voter approval as Measure I in November 1998, extended by voter approval of Measure T in November 2010, and extended again in 2024 by Measure . The measiffe UGB helps ensure that urban development and provision of city water and sewer services are contained within the UGB through December 31,242-5 2050. Althetigh feiff possible e as were identified as leeations where development eould oeeuf be ire-,4-pe UG—B expires in- 8 2025,the General Plan assumes that all gr-evkh thr-ough 2015 will eeetir-within the etiffent UGB, r-efleefi sentiment.r • The second sentence on Page i-13 under the heading "SPECIFIC PLANS" is amended to read as follows: The 2025 General Plan does not anticipate any new Specific Plans within the 2025 UGB, however it is anticipated that in 2024 the City will release a request Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 for proposals for preparation of a Corona Station Priority Development Area Specific Plan to complement the opening of the new Corona SMART station. • The second sentence under the heading "CURRENT AND FUTURE DEVELOPMENT" on Page 1-3 is amended to read as follows: Development in the western half of the city is limited by hillsides and the UGB; while expansion to the east is constrained by the UGB until 242-2050, a dedicated Urban Separator, as well as the presence of the Airport and its flight pattern. • The text under the heading"• Urban Growth Boundary (UGB)." on Page 1-12 is amended to read as follows: ,Placed on the ballot by the City Council in 1998, city voters overwhelmingly adopted a fixed urban edge, which for the most part was coterminous with the 1987 ULL.Although the UGB did not affect the growth management numbers, it confined the growth and physical development of the city until 2018. In 2010, the City Council placed a ballot measure before the voters extending the UGB to 2025. In 2024 the City Council placed a ballot measure before the voters to extend the UGB through 2050. • The final two sentences under the heading"Urban Growth Boundary" on Page 1- 13 are amended to read as follows: The voter-approved UGB will expire in-at the end of 2425 2050. The General Plan provides direction to evaluate growth boundary expansion issues at the time of mid-term review in 241-5 2035. • The first sentence of the second paragraph under the heading"SETTING"on Page 2-2 is amended to read as follows: The city's Urban Growth Boundary(UGB), enacted by voters in 1998, extended in 2010, and further extended in 2024, limits future development to areas immediately adjacent to, or within, the city's current boundaries until through 242-5 2050(for more discussion of the UGB see Chapter 1: Land Use and Growth Management). • The definition of"Urban Growth Boundary (UGB)" on Page G-9 is amended to read as follows: , Boundary adopted in 1998, and extended in 2010 and 2024 by the City of Petaluma voters, within which all urban development is to be contained a throu h 202-5 2050. Section 4:All Other Provisions of General Plan 2025 to Continue in Effect Except as amended pursuant to Sections 2 and 3, the General Plan 2025 shall remain unchanged and in full force and effect. Provisions of the General Plan 2025 other than the provisions of the UBG amended and reenacted pursuant to Section 2, including the conforming General Plan amendments pursuant to Section 3, may be amended without a vote of the people in accordance with applicable law as appropriate in the course of future updates and revisions to Petaluma General Plans. Section 5: Implementation. A. Effective Date. If approved by the Petaluma voters,this measure shall take effect following certification of the election results of the November, 2024 municipal election in accordance Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 with applicable law. At such time as this measure takes effect, any provisions of the City of Petaluma Implementing Zoning Ordinance, including the City of Petaluma Zoning Map,that conflict with this measure shall no longer be in effect or enforced. B. Project Approvals. Upon the effective date of this measure and subject to applicable law, the City and its departments, boards, commissions, officers and employees, shall not grant or by inaction allow to be approved by operation of law, any general plan amendment, rezoning, specific plan,tentative or final subdivision map,conditional use permit,building permit or any other ministerial or discretionary entitlement, which conflicts with this measure. Nothing in this measure shall be construed to prohibit the City from complying with State laws requiring density bonuses and/or other incentives for projects including housing for seniors or for low or very low-income households. Section 6: Exemptions for Certain Projects. This measure shall not apply to any development project that has obtained as of the effective date of the measure a vested right pursuant to applicable law. Section 7: Interpretation and Severability. This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, sentence, clause,phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such portion(s) of this measure determined to be invalid shall be severable and such decision on invalidity shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, sentence, clause,phrase,part, and portion hereof would have been adopted or passed even if one or more sections, subsections, sentences, clauses, phrases,parts, or portions are declared invalid or unconstitutional. If any portion of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. This measure shall be broadly construed in order to achieve the purpose stated herein. It is the intent of the voters that the provisions of this measure shall be interpreted by the City in a manner that facilitates the protection of agricultural and open space resources outside the UGB. Section 8: Prior Measures Repealed. All resolutions, ordinances and measures in conflict with the provisions of this measure are superseded and repealed upon the effective date of this measure. However,rights or liabilities accrued prior to the effective date of this measure under any chapter, measure, ordinance or resolution shall be deemed to remain in full force and effect. Section 9:Amendment or Repeal. Except as otherwise provided herein, this measure may be amended or repealed only by the voters of the City of Petaluma at a City election. Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 Rohnert Figure i-3 Park ; G�Venste/ny a I•'Mr•� ' ' PLANNING BOUNDARIES m O ♦,�___1 I ♦ 0 6Cotati �,, ,♦ ______ - "�� cp w Rom' Petaluma General Plan 2025 1 J - 1 Pe grove J �00 st�� 1 gRD°K 1 1L -ti pepper Rd a h 1 00 Y I , f- 40' o`' v f'Y P � —.I _ f ��� t� 5�onoma �04� ��� � �♦ ���. Bodega Ave SNINGID l �� 1 V _._ - I 1 � � _ . S - Skillman Lt` 5 tauten Rd • �• 3 SFi Ike S Middle Two Rock Rd Petalunfa WY♦ 4tn �+ I yel �\ L Spgng Hill Rd , r 1 c1J101 Laguna Lake e0e o •� — PREP' w_NEI P ND �eY Rd; _� 5<� SON oSt _ Planning Referral Area NOMq C -- -J County Boundary �Hr - —� Rrl y - +� City Limits Irvr ,Urban Growth Boundary (UGB) C�� an Antonio/�a y f ' Sphere of Influence ?. ® Primary Referral Area Boundary dicks Sonoma County Airport Land Use Commission oG ^� n �1 ae e� 9 moron or raguars mast be rem 90,000 and I do t not imply or guarentee neither ad ate cap or tt�gn�av ility of service.The City of 0 1,450 2,900 5,800 Feet Pe S n0 ponsibildy%regarding the a recy of the Inf al on pr nted herein for legal docamemation�oa AL t> 0 0,2250,45 0.9 Miles actual construction or for any other purpose for ❑ A&A-S-Vqotintended. Revision Date: May 19,2008 0 s 185s DISCLAIMER These maps or plans were compiled end or digitized via electronic means Aldo, many so ce documents.It is intended to be representative of Docusign Envelope ID:36429501-403B-4792-BAE6-12C20E98E982 Possible UGB Expansion Area Rivers and Creeks 40 C acres t Y 0 f P e t a I u m a 1 1 E n 9 I i s h s t r e e t Petal uma, CA 9495 2 gene ralpla n@ci .petal uma. cams