HomeMy WebLinkAboutOrdinance 1841 N.C.S. 03/04/19912
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~~'~ - ~ 1991
ORDINANCE NO. 1841 N.C.S.
Introduced by Councilman Seconded by Councilman
Michael Davis dice Mayor Cavanagh
AMENDING MUNICIPAL. C®DE CIIAPTEIZ 17.26, RESIDENTIAL GIZOWTI-I
MANAGEMENT SYSZ'EEM
WHEREAS, the City of Petaluma has adopted a General Plan in 1987 that establishes a
25 residential growth management policy based on managing certain types of residential
26 development by numbers of units rather than a specified yearly increase in population; and,
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28 WHEREAS, the City Council adopted a revised growth management system that
29 implements the applicable Growth Management system that implements the applicable
30 Growth Management Policies adopted in the 1987-2005 Petaluma General Plan: and,
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32 WHEREAS, the City Council has identified amendments to the growth management
33 system it wishes to consider to further implement the objectives of the General Plan
34 Housing Element by providing a range of housing types, especially rentals, without
35 exceeding the limits in growth rate imposed by the growth management system; and
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37 WHEREAS, the Petaluma City Council finds said amendments consistent with the 1987-
38 2005 City General Plan; and,
Ord. 18}11 N.C.S.
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2 WHEREAS, the City Council desires amendments to the residential growth management
3 system ordinance and User's Guide be consistent and hereby directs staff to make the
4 necessary changes to the User's Guide upon adoption of this ordinance; and
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6 WHEREAS, these amendments are procedural in nature, do not exempt any development
7 from environmental review, and, therefore, do not constitute a "project" for purposes of
8 complying with the California Environmental Quality Act;
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10 NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Petaluma that
11 Municipal Code Chapter 17.26, "Residential Growth Management System" shall be
12 amended as follows:
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15 SECTION 1. Amend Municipal Code Section 17.26.030, Definitions, to add:
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17 Secondary Allocation Pool - The secondary pool is comprised of allocations from
18 any previous years that were: 1) forfeited due to an applicant's failure to meet the
19 requirements of the growth management system, 2) not issued from a set pool, or 3)
20 issued but not utilized by the approved roject (i.e., where the allocations issued
21 exceeded the number of units approved. The secondary pool's allocations are
22 counted separately from those of the annual allocation pool.
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25 SECTION 2. Add to Section 17.26.040, General Provisions:
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27 I. The City Council may at its discretion create a secondary allocation pool, not
28 to exceed two hundred (200) allocations for special projects meeting a
29 particular segment of the housing market as defined by the City Council's
30 development objectives. Unless otherwise specified in this chapter, the same
31 application and approval procedures shall apply to this secondary pool. The
32 criteria for eligibility for the secondary pool shall be set by the City Council
33 at the time the pool is created.
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35 J. There shall be no reservations for the secondary allocation pool.
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38 SECTION 3. Amend Municipal Code Section 17.26.OSOA1, Development Objectives, to
39 read:
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Ord. 1841 N.C.S.
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A. Development Objectives
1. In January of each year, the City Council shall begin the allocation
application procedure by setting development objectives for the
following calendar year and, if appropriate, succeeding years.
Development objectives shall be set by Resolution of the City
Council. If a secondary allocation pool is to be created for that year,
the Council shall also set development objectives and eligibility
requirements for the secondary pool.
SECTION 4. Add Municipal Code Section 17.26.OSOB6:
6. In any given year, an applicant may request partial allocations from both the
annual allocation pool or the secondary pool for a single project; however,
allocations for any unit may not be requested from both pools.
SECTION 5. Amend Municipal Code Section 17.26.OSOB3 to read:
3. Completed Notice of Intent to Develop forms must be returned to the
Community Development Department by March 31, signed by the property
owner or his/her authorized agent and shall contain the following
information:
a. Project size (number of units and acreage) and type (single-family,
multi-family, etc.).
b. Phasing (geographic and/or chronologic if over more than the
applicable calendar year).
c. Numbers of bedrooms/unit (e.g., a 50-unit .project may have 25 3-
bedroom units and 25 4-bedroom units).
d. Anticipated price or rental range.
e. Project amenities (private or public).
f. Public improvements (on and off-site).
g. Estimated development application submittal date.
h. Date specific project application approval and development time line.
i. Number of allocations requested.
j. Reservations requested.
k. A brief narrative describing how the proposed project satisfies
applicable Development Objectives.
1. Statement of whether the application is for the annual pool or
secondary allocation pool for special projects.
Ord. 1841 N.C.S.
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m. Any other information considered pertinent by the Planning Director.
In addition, developers will be asked to provide atwo-year projection (i.e., two years
beyond the year for which the form is being filed) of their development activity in
Petaluma in terms of numbers and types of units and general location of projects.
This information will be used by the City's Planning staff to assess future
development trends.
SECTION 6. Amend Municipal Code Section 17.26.060A, B, F, G and H, Award of
Allotments, to:
A. By the end of April of each -year, the City council shall meet to consider
setting the annual allocation pool, and, if desired, the secondary allocation
pool, to estimate the limits on projected development activity for the
succeeding two years; and to grant allocations for the coming calendar year
and reservations for the year following. The annual allocation pool may be
less than, equal to or greater than the total number of allocations requested
for that year on the Notice of Intent to Develop forms. However, the annual
allocation pool must not exceed limits set by the General Plan: an average of
500 units per year, no more than 1,000 units in any one year, and no more
than. 1,500 units over three consecutive years. Allocations in the secondary
pool shall count against the year in which they were originally set in an
annual pool.
The granting of allocations to a specific project is not a commitment in any
way that the Council will eventually approve the project, nor is it a
commitment by Council to grant additional allotments to said project in
future years (unless reservations have been granted pursuant to this
Chapter}. Projects receiving allocations and no reservations must be
designed to be constructed as a complete unit with no requirement that
future allotments be granted to complete the project.
B. In the event anticipated development for a given year will exceed the
established allocation pool, the City Council may exercise one or more of the
following options:
1. It may increase the annual allocation pool by "borrowing" from future
years allotment capacity. However, the City Council shall not borrow
ahead .more than two succeedin years beyond the year in which the
limit is being increased (Year Y~ and it shall be limited to borrowing
no more than 200 units from the first succeeding year (Y + 1) and no
more than 100 units from the year following (Y + 2). At no time shall
the allocation pool be permitted to exceed 1,000 units in a year or
1,500 units in three consecutive years as established by the General
Plan. Allotments may not be borrowed from future years for the
secondary allocation pool.
Allocations secured by previously approved development agreements
between the City and applicant shall not be counted as allocations
borrowed from future years. Said allocations secured by a
development agreement shall be counted as part of the total number
of allocations annually awarded.
Ord. 1841 N.C.S.
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1 F. Any portion of the annual allocation pool left unallocated (i.e., allocations
2 not granted to specific projects through either the primary allocations process
3 or the supplementary allocation process) shall not be carried over and added
4 to the total allocations available in the next succeeding calendar year, except
5 that such allocations may be added to future secondary allocation pools for
6 special projects.
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8 G. Should any project with allotments fail to either have its application deemed
9 complete or achieve the necessary approvals within the time frames set forth
10 in Section 17.26.070(F) and (G), those allotments shall be forfeited and may
11 be returned to the pool of available allotments for the next allocation period
12 or to the secondary allocation pool.
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14 H. Allotments borrowed to accommodate projects of five (5) acres or less or
15 fifteen (15) units or less but left unallocated may be returned to the pool of
16 available allotments for the next allocation period or to the secondary
17 allocation pool.
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20 SECTION 7. Municipal Code Chapter 17.26 shall be amended throughout to replace the
21 term "Planning Director" with the term "Director of Community
22 Development".
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25 SECTION 8. Municipal Code Chapter 17.26 shall be amended throughout to replace the
26 terms "Planning Department" and "Community Development and
27 Planning Department" with the term "Department of Community
28 Development".
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31 SECTION 9. Amend Section 17.26.040A to read:
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33 A. This Chapter a lies to all residential development projects on parcels of
34 more than five ~~ acres or having more than thirty (30) umts.
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37 SECTION 10. Amend Sections 17.26.060 C & H to omit the words "or fifteen (15)
38 units or less".
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40 SECTION 11. Statutory Severability. If any section, subsection, sentence, clause or phrase
41 or word of this ordinance is for any reason held to be unconstitutional by a court of
42 competent jurisdiction, such decision shall not affect the validity of the remaining portions
43 of this ordinance. The City Council of the City of Petaluma hereby declares that it would
44 have passed and adopted this ordinance and each and all provisions thereof irrespective of
45 the fact that any one or more of said provisions be declared unconstitutional.
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INTRODUCED and ordered Posted/Published this 19th day of February
1991
ADOPTED this 4th day of March , 1991 by the following vote:
AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ABSENT: Sobel
ABSTAIN:
ATTEST:
ity er
ord /forms
ordamgm/councils
Ord. 1841 N.C.S.
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