HomeMy WebLinkAboutResolution 6393 N.C.S. 08/20/1973 1. " EER:mi 8-20-73
c_iolution No. 6.393 N. C. L.-' O iau Nt ;,L
RESOLUTION REVISING AND UPDATING THERESIDENTIAL DEVELOPMENT SYSTEM FOR THE
C Y.L0FAII.ETAADMA
INTRODUCED BY COUNCILMAN /le> 6776fe: F and
7r SECONDED BY COUNCILMAN . ' i at a
BegU .ar Meeting of the City Council of the
City of Petaluma, on the 20th day of August 1973
WHEREAS, by Resolution No. .6111 N..C.S'. ,' the Council adopted a
residential development control system .for the City. of Petaluma, and
WHEREAS, ,the Council has reviewed proposed revisions to the
Residential Development system, which it finds should be 'adopted in the
form as presented,
NOW, THEREFORE, BE IT 'RESOLVED that the City of Petaluma adopts
the Residential Control System for this City. in the' form as attached hereto
and made a part hereof.
under the pOwer and authority conferred upon this Council by the Charter of said City.
I hereby certify the the foregoing Resolution was duly-and regulary introduced and
adopted by the Council of the City of Petaluma on the 20th
day of August , 19 73 , by the following votes:
AYES: Councilmen Brunner, Cavanagh', Jr. , Dal j. Harber,S r Mattei ,
Perry, Jr. , and Mayor Putnam.
NOES: None. — \sM .: .i _I, . i < a - / _
ayor
ABSENT• Non
i
ATTEST: ;:;(""eta-(, t r:,.y (- -,r /
c 1
City Clerk Form CA 643
1
4. 3. fr .3
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RESIDENTIAL DEVELOPMENT CONTROL SYS i M T I L E D
•
OF THE CITY OF PETALUMA G 2 ,j 1973
(REVISED AUGUST OF 19x73) ! LILLIAN NOMMSEN
CITY CLERK
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 City facilities and services
within acceptable allocation of City and school tax
funds ;
• Insuring a balance of housing types and values in
the City which will accommodate a variety of families
including families of moderate income 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. 0: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 time.
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-range general development
`policy, The Environmental Design Plan establishes, medium-range
and more 'specific and detailed development policy directed to the
development period 1973-1977 , The Housing Element of the General
Plan defines the housing policy goals of the City and establishes
a proposed Residential Development Program 1973-1977 as set forth
on Page 22a of the Housing Element.
It is the purpose of this Residential Development Control Sys-
tem to implement the policies of the City of Petaluma as recorded
in the Development Policy Resolution and the three official docu-.
ments referred to above. In order to accomplish this purpose, the
City must be able to control the rate, distribution, quality, and
economic level of proposed development on a 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 Th11T be in effect from and after its adoption by
. resolution of the City Council until modified or terminated by
resolution of the Council-
I APPLICABIU TY' OF THE 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-+. lour 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 her,ein.; and es--+
penally to make the evaluations set forth in Section 'V below, a
Residential Development Evaluation. Board (hereafter called the
Board) is hereby €,s,t^abl.ished; the membership of which shall be
appointed by the City Council as follows:
2 members from the City Council.
2 members from the Planning Cummiision
3 citizens from either a business or profession Er/Central
4 members. from each of the local school boards :
1 from the Petaluma Elementa-ry School District
I froth the Old Adobe Union fichool District.
1 tram the Cinnabar School Distract
1 from the St- Vincent School System
6 citizens at l :fge Ejc,)/'Cent:c.al
17 Total Members
The Braifd metnti.+,!6 w-c-t be uppa.cntad : u'i GO day) , avid -thnn the
Boah'd w-c2_t' d ,st?a td uni e? A a tiihe erve4L.6z0v1 AA deehied nec°cdaanct and
nequ.,':ne.d by 2_11ct C ill rount.LC Ti .;; y w e ,Y'. gtve theme .Tim Ijo the
natcnc and anocu..ttiun of picoject:a and any ntCuguattgnn that ate
neceahany. Thee 8oaad !3 L T..afae .itz netowm�ndaz..,on,s -tc the. 'City
Counc4i and win have no lie ?attoo.6h.t.p with boa%td6 un corn -
rn thee.,S , with the ctcap.ttio-w atc, the l rr.bet:h-tr, gu.cdela.neq as putt
6o'nth above. it w Le. not Le r ncc.v!vrcct with po,€.tca, hat wieT, ac-f
only in an adv,Lacny ca.pactty,
(NOTE : The italic print throughput thifS policy resolution is for
the purpose of explanation and interpretation retation of various sections-
of the policy statement: )
III. ESTABLISHMEvT OF ANNUAL RESIDENTIAL DEVELOPMENT QUOTAS
The numbers of dwelling units hereinafter to be constructed
each year in the City of .Petaluma (except for dwelling units ex-
empted in accordance with the provisions of Section I above) shall
be established by action of the City Council as follows :
1. The quantitative quotas shall be based on the numbers
of single family and multi-family units set forth in
the Residential Development Program of the Housing
Element of the Petaluma General Plan.
2 . The distribution of the quotas in east, central , and
west Petaluma shall be based on the Residential Develop-
ment 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 the Housing Element may be modified by
the Council to an amount not greater than 10% more or less , than
the respective figure for any given year as set forth in the Resi-
dential Development Program, provided that the annual quota for
the next succeeding year shall be set higher or lower; as the case
may be, in order to redress any excess or deficiency and maintain
in-so-far-as-possible the balance set forth in the Residential
Development Program.
In addition to the annual quotas for quantity and distribution
of housing, the Council may require that between 8% and 12% of each
• year ' s total quota shall be low to moderate income housing as set
forth in the Housing Element,
Prior to the submittal date for the ensuing year , the City
Council shall, by resolution; establish allocation quotas of the
various types of dwelling units , shall direct the Board to adhere
to said quotas for the ensuing year, and shall publish them in
appropriate ways ,
IV, DEVELOPMENT ALLOTMENT APPLICATION
Before a developer may submit any residential development
application as defined in Section I herein for approval or may
be issued a building permit (except for an individual one or two
family unit as specified in I above) he shall apply for and be
granted a Development Allotment as set forth herein:
A. Application for an allotment shall be made by the
developer on a form provided by the City.
B. The application shall be accompanied by the following
documents , or so many of them as are applicable:
1, Site Utilization Map including:
a. Vicinity Map to show relationship to :
Adjacent development, surrounding area, and
the City,
b. Site use layout map to show amount of areas
and intensity of use
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Industrial; commercial; residential categories;
and open-sp,ace, •
The a.-.te ui6+e tayou.t map -.a oU major .mpote,tanee;
the v.i..cinLty map may be ahown an a aina't cii-set
.map ,
2, Site Development Plan
Lot layout to preliminary subdivision -map standards,
topography; lot sizes. ; street alignments, showing
coordination with City street system; and existing
and proposed buildings; trees ; landscaped areas-
3, Preliminary Architectural Plans ,
Typical architectural elevations , types:, and numbers
of dwelling units.
4. Preliminary Landscape 'Plans,
General indications of planting.
5. Housing Marketability and Price Distribution-.
Expected ranges Of rental amounts or sales prices,.
C.. The application shall be submitted by the close of' busihess
on September 1st in order to be considered for development
during the ensuing year conthencing May 1st_
D. Each application shall be accompnaied by a fee in the
amount of $25 plus $2 per dwelling unit included in the
application up to a maximum of $100 , Such fee shall hot
be returnable in the event that. no Development Allocation
is awarded.
It A.a egpeeted that. thin hee ahwut'd nehtect he coata tin-
cuntced by the. Pf_anncvig ista:u6 and the Baand tin pnocean.Cng
the apptceatcona , A minimum fiee.: to necensna.,Vy 'becauae alt
pnopoaed deve1opmenta $1.0 ,oatx."e_!r how amatk, wc11 nequcn,e
a ceh.ta-cn amount e atczcCu , The -cnc.2emental po/ction o6
the bee ah,oa d- refi ,ec:t the adi.ctaohat time n'e.eded to
-study Pang,en devetopinentn ..
V. DEVELOPMENT ALLOCATION. EVALUATION
The -Board shall consider all rppli.catiohe properly submitted
and shall make .recommendations to the City -Council' based on the
criteria set forth below: .
A. • Conformity with Plans. •
1. The Board shall examine each application far a
Development Allotment fbr it_s con€or-mlty with the
provisions of the Petaluthh Genera-1 Plan,.
•
2 , Each application shall also conform to the pro-
visions of the Petaluma Environmental Design Plan,
The Board shall not recommend that a Development Allot-
ment be awarded for any proposed development which it
determined not to be in conformity with said plans;.
• B, Availability of Public Facilities and Services ,
The 'Board shall examine each application for its relations
to, or impact upon local public facilities and services,
and shall rate each development by the assignment of from
zero to five points (zero indicating "very poor, " five
indicating "excellent" ) on each of the following attri-
butes :
•
10 The capacity of the water .system to provide for the
needs of the proposed development without system
extensions' beyond those normally installed by the
developer-
2 , The capacity of the sanitary sewers to dispose of the
wastes of the proposed development without system ex-
tensions beyond those normally installed by the
developer-
3 , The capacity of the drainage facilities to adequately
dispose of the surface runoff of the proposed develop-
ment without system extensions beyond those normally
installed by the developer.
4 , The ability of the Fire Department of the City of
Petaluma to provide fire protection according to the
; established response standards of the City without
the necessity of establishing a new station or re-
quiring' addition of major equipment to an existing
station,
5, The capacity of the appropriate school to absorb the
children expected to inhabit a proposed development
without• necessitating or adding to double sessions or
other unusual scheduling or classroom overcrowding,
6 , The capacity of major street linkage to provide for
the needs of the proposed development without sub-
stantially altering existing traffic patterns or
overloading the existing street system, and the
availability of other public facilities (such as
parks , playgrounds , etc,. ) to meet the additional
demands for vital public services without extension
of services beyond those provided by the developer.
The bupptemen.tat rnateiLcc1 coor&d.i.nattng the HoubLng
Clement and the Residential Development CantAot S4j
tem Located in the back o6 the HouGting 6-Lament hub
been pkepan.ed to 6acititate the Boan:d in its evalua-
tion o6 pkopobed pko,Tec-ta . It may be 06 pakttcukan
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hekp in /the ev.atuatLon ob Items # 1, , #2 , # 5, and #6
in this section,
C. Quality of Design and Contribution of Public ' Welfare and
Amenity,
The Board shall examine ;each application which, hs hot
been withdrawn by the applicant for failure to meet
Criteria ,A and B, and .shall rate each development by the
assignment of from zero to ten points on each of the
following attributes :
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 with
existing neighboring development,.
2, Site and architectural design quality which may be
indicated by the amount and character of landscaping
and screening,
3 , Site and architectural design quality which may be
indicated by the arrangement of the site for effi-
ciency of circulation, on and off site traffic
safety., privacy, etc;.
4, The provisions of public and/or private usable open.
space and, where applicable, the greenbelt provided
for in the Environmental. Design Plan.
5, Provision of foot or bicycle parths , equestrian
trails, or pathways along the Petaluma River or ,any
creek,
6n The provision of needed public facilities such as
critical linkages in the major street system, school
rooms , or other vital public facilities-
7 , The extent to which the proposed development accom-
plishes an orderly and contiguous extension Of exist-
ing development as against "leap frog" development,
8n The provision of units to meet the City's policy goal
of 8% to 12.% low and moderate income dwelling units
annually.
D, After having studied each :application in accordance with
parts A and B, in regard to each of. these criteria, or so
many of them as may be applicable„ and °having assigned
evaluation points, on a scale of zero to ten in accordance.
with their finding as to the value of the contribution to
the quality of .architecture and site design and the several
contributions, to the public welfare of amenity made by
each ,proposed development, the Board shall arrange the
developments in order by housing type and by section of
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of the City, from that receiving the greatest total
number of evaluation points to that receiving the least
number ,
This makes a maximum o6 th.irty poss.ibre points Son any
one development in Pant B i 6Zve points poa'Zbre Son.
each ob sZx cn.iten.iai and eighty poss.ibre points in
Pat-t C (.ten points poss.ibte ban each o6 eight cniten.ia) ,
These two point totals shall be listed separatety bon
each. devetopment,.. It is conce_,ivabte that a development
may be accepted even it it has 6ewen points than one
that .i:a rejected, £6 they are o6 two d.i66enent housing
types pn aecttons o6 the. City, and the one with the
Lowy'. point .total st.itt hanks at the top 06 its
category_
E. Having evaluated each development in accordance with the
foregoing criteria, the Board shall publish in appropri-
ate ways the rating given to each development on each - of
those criteria, The Board shall then schedule a public
hearing to be held within fifteen days of classification
of any point assignments made by the Board,
1, Any applicant may request the Board to reevaluate .
the point assignment made on any or all of the
criteria;
2° Any applicant who is dissatisfied with the Board ' s
reevaluation may submit written notification of. such
dissent, which will be furnished to the- City Council
prior to the awarding of Development Allotments,
• The above proceedings will serve as an appears pnoeess ,
It La intended that the Boand wilt only amen the.in
point assignment on a pant.icutan development i5 the
applicant can show that there exists pett.inent Lnborsma-
t.ion os which the Board was not aware at the time o6
the original evaluation,
F. Having evaluated each development and clarified all
point assignments to the applicants , the Board shall
present their list of evaluations along with the deci-
sions reached on any appeals, to the City Council for
the awarding of Development Allotments,
As prsev.i.ou..y stated; ate applicants must be submitted
by September 1st . Fnom Septemben ist to September. 30th,
the Planning Depa.ntmen.t wilt study the apptications and
will present ita 6.tndtng-s to the Boand on on about
Octobers 1st.. The Boand will meet as often as necehsany
dui.-Lng the month o5 Octob:en to evaluate alt o6 the appt.i-
• cations , and will publ.iah the.in ratings on on about
Novembers 1st.. The Board watt hold thei.n pubt.ie session
within 15 days thekea5ten, and will present the point
nank.i,ngs to the Ci.-ty Council an the thi.nd Monday in
November, (See attached Schedule bon Development.. )
VI , ' DEVELOPMENT ALLOTMENT AWARDS
A, Having received the recbmmendations and rankings, of th'e
proposed developments from the Board along with any ac-
tion taken by the Board concerning appealed decisions
as specified in Section V, the City 'Council shall , by
resolution, award Development Allotments as applied for,
starting with those projects receiving the most evalua-
tion, points in each housing type category and proceeding
in order. deWn the list provided :
It -.s the .intent ofi the Coune.i.t to Listen to ontl .those
'appk.ican-ts who have requested' neev:aLuatLon. by the Baand
and arse stilt d.£ssat .s.b.ied with the Board's dec-L4-Lon ,
The Board wilt have passed ate peat.inent -inbonmatLon
concern ing .these appea'Qs On to the City Coutnc-a who
wilt then be pnepaned. to dispose 06 said ap.peaLs in an
e6.6icLent manners, and award, the Development Allotments
at .theik Meeting on- the thti-td Monday in No,vembek an at
a subsequent on sp'ec>i.ak meeting o4 the City Counc-L-t
he-td bebone Decembers 15th 06 each years.
1 . Development Program Quota, '
The number of dwelling units for each housing type
and for each section be the City for which Develop-
ment Allotments shall be issued shall not exceed
the quotas established by the City Council in ac-
cordance with Section III herein.
2 . Allocation Limitation, t
NO SINGLE DEVELOPER SHALL IN ANY ONE YEAR BE; -PSSUED
A DEVELOPMENT ALLOTMENT FOR DWELLING UNITS IN EXCESS
OF A NUMBER TO BE ESTABLISHED BY RESOLUTION OF THE
4
CITY COUNCIL.
The City Counc.i.Q shatL set this limitation at the
same time it establishes quotas On housing .types .
3 . When a developer has applied for a Development Allot- '
ment in excess of either the above limitation or the
quotas .established for each housing type ; but has
received a high evaluation point rating, the Council
may, at its discretion, awardnthe _maximum Develops
ment Allotment allowable to the developer with the
stipulation that the excess units shall be constructed -'
during the .following year of the program, 4
Thais wig, ob eau,14e, ttni-Lt the numbers o6 add-LtLova-2
units that may be approved 6orc: that pan,.t- cutan
housing .type in the ensuing years.
4 , Minimum Point Requirements.
The City Council shall eliminate from consideration
any development which has not been, assigned a minimum
of 2b points under Section V-B herein, er a Minimum
of points under Section V=C .
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-'h
Because oU the .importance o,b meeting the cn.Lte-t-La in
Section V -B, in auiand,tng tke Development Attotments ,
the Counc t hhoutd .5.avok those appt canta who have
neee-Lved the highes-t scones on Section V- B even -tb
they have nece-Lv'ed slightly towers scones on Seat-ton
I{ the highest 'tank-ing development bon any housing
type ana section oh the City does not meet on exceed
one on both. ob the minimum point nequirsements , the
City Council shall make no Development Allotment
bon that panticulan category, The numbers ob units
allowable {ion that category may -then be added to
the quota bon the ensuing years.
B. Should a developer fail to initiate construction within
six Months of the issuance of a building permit pursuant
to a Development Allotment: the City Council, after a
hearing, may by majority vote, rescind all or part of
the Development Allotment and may award the Allotment
to the next satisfactory applicant on the rank award
list whose proposal is of the same type and in the same
sector as the withdrawn allotment; or the City Council
may hold the unused Allotment for addition to the ensuing
year ' s quota,
The City Counc-LZ will make the Development Allotments on
the thttd Monday in Novembers on at a subsequent on special
meeting ob the City Counc-U head bebone Decembers 15th ob
each years.. The developers will have ninety days 6/tom that
• date in which to pnepa.,te and submit a tentative map ob
the development, The developers wit/. then have antil
May 1st to (inmty estabtish his pnognam ob development,
at which time a bu.LJLding permit shall be .issued , The
developeut then must initiate construction Anion to
Novembers .1st in ondet to meet the above f.-imitations .
(See attacked Seh.ednte 5o.}i. Development. )
C- Should a developer fail to carry out fully the development,
as detailed in his application, any unused 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 subdivisions , has added public improve-
ments (water, sewer , streets , etc, ) and amenities which
equal at least 25% of the total development costs , and
can show that he will conclude development within one
year ,
D, An application may be amended upon application made in
the same manner as for the original application. In addi-
tion, the application for an amendment shall set forth
the reasons for requesting the amendment,
1, The City Council shall review such an amendment
application in the same manner as an original
application and may grant the amendment as re-
quested; modify the amendment, or deny the
amendment,
2 , An amendment or modified amendment may be granted
only if ;
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a, The proposed development meets the requirements
of Section V-A and B and does not exceed the - -
quota as specified in VI-A; and
b. The City Council after reviewing the proposed
development in relation to the Criteria set
forth in Section V-B and C shall find that the
modified development has earned as many or more
evaluation points than the original development
for which the Development Allotment was issued.
The amendment phoce'd'uke &hou:d not be cron6ueed with the
keeva.tuat.ton process out.e.tned in Section V-E; An appti-
ca.t.ton. may be amended .ei.then belipne on aster.. -the. Dev,etop-
ment At'totment. .ts awarded, Pn..ton .to• the appxxcdtion
aubm,L44ion deadtLne (September 14tl , any amendment shat
be automaticatty accepted: A6ten the subm.tss-.can deadtine,
.but be6one the Board kakefs kecommenda.tiiOM4 to the.
City ( ouncit, amendment a'ppttcatiens aha.Ct be cons dened
by the Planning Depan.tment and passed on to the Board.
A6tet the Board has made .i.ts necommendat.ions , but be6oke
.the C-.ty Counc t has made the awanda , no amendment appti -
-cat.tons wilt be nece.Cved, A6ten the City G.ouneit has
awarded the Development Atto-tmenta , a deve-open who has
nece.Cved such award may 6-Lie an amendment application
which, witt be tevLewed by the City Council.:
VII , ADDITIONAL REGULATIONS
A. Amendment of Environmental Design Plans, General Plan,
and Zoning Ordinance.
Should any applicant need to apply for an amendment to the
General Plan, the Environmental Design 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
V-D produce the situation in which two projects have equal
evaluation point scores, but only one project can be per-
mitted within the quota , the City Council may offer those
applicants a pro rata share of the number of units avail-
able 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,
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