HomeMy WebLinkAboutOrdinance 1839 N.C.S. 01/22/1991~~
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ORDINANCE NO. 1839 N.C.S.
Introduced by Councilman
Lvnn Wools
Seconded by Councilman
Brian Sobel
AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 17.26
(RESIDENTIAL GROWTH MANAGEMENT SYSTEM) AND DELETING
MUNICIPAL CODE CHAPTER 17.32 (INTERIM GROWTH MANAGEMENT
SYSTEM FOR RESIDENTIAL DEVELOPMENT IN CALENDAR YEAR 1988)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
WHEREAS, the City Council. considered and discussed several amendments to the
Petaluma Residential Growth Management System; and
WHEREAS, these considerations were raised by the Community Development
Department to clarify the intent and procedures stated within the Residential Growth
Management System; and
WHEREAS, Municipal Code Chapter 17.32 provided interim measures for residential
growth management in calendar year 1988; and
WHEREAS, these interim measures are no longer needed since development initiated in
1988 is no longer subject to the provisions of this interim ordinance; and
WHEREAS, these amendments are minor in nature and will not result, either directly or
indirectly, in a physical change in the environment, these amendments are not subject to
the California Environmental Quality Act;
41 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the
42 Municipal Code by deleting Chapter 17.32, Interim Growth Management System for
43 Residential Development in Calendar Year 1988, in its entirety.
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Ord. 1839 N.C.S.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby
amends Municipal Code Chapter 17.26, Residential Growth Management System, as
follows:
1. Add. to Section 17.26.040, General Provisions, the following two paragraphs:
Residential projects ultimately subject to the Residential
Growth Management System may proceed with other
necessary approvals not directly resulting in the division of land
or construction of residential units, (i.e., General Plan
amendment, rezoning, environmental review, annexation, etc.)
as determined by the Director of Community Development.
The processing of such applications not directly resulting in the
division of land or construction of dwelling units is not a
commitment by the City that the proposal will ultimately
receive allocations. Prior to said application(s) being
considered complete, the applicant shall acknowledge in
writing that the processing and approval of said application(s)
is not to be interpreted as a commitment by the City to grant
allocations to the project in future years.
23 Residential projects not requiring land division to construct
24 individual units, unless exempt from the growth management
25 system, may not process any applications directly resulting in
26 the right to create residential units, such as SPARC approval,
27 prior to the project being granted allotments.
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29 2. .Amend Section 17.26.060A, Award of Allotments, by adding the following language:
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31 The granting of allocations to a specific project is not a
32 commitment in any way that the Council will eventually
33 approve the project, nor is it a commitment by Council to grant
34 additional allotments to said project in future years (unless
35 reservations have been granted. pursuant to this Chapter).
36 Projects receiving allocations and no reservations must be
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Ord. 1839 T.C.S.
designed to be constructed as a complete unit with no
requirement that future allotments be granted to complete the
project.
3. Amend Section 17.26.030H, Definition of "Exemption", to read:
"H. Exemption -Projects not subject to all of the provisions of this chapter.
There are two kinds of exemptions. The first type, which applies to 100%
senior and lower income housing, exempts the subject development from
both the allocation process and from being counted as part of the annual
allocation pool set by the City Council. The second type, which applies to
projects on five acres or less and creating no more than thirty units or lots,
are exempt from the application procedure for an allocation; however, these
units/lots are counted as part of the annual allocation pool established by the
City Council. These non-senior or non-lower income infill projects shall be
phased so that no more than fifteen units or lots are created per year".
4. Amend Section 17.26.040D, General Provisions, to read:
"D. Projects on parcels of five acres or less and no more than thirty units shall be
exempt from the allocation procedure as described in Section 17.26.050,
below. However, projects of this type, unless otherwise exempted as senior
or lower income housing, shall have their units counted as part of the annual
allocation established by the City Council. Furthermore, said non-senior or
lower income housing projects shall be limited to phasing the project at
fifteen parcels, or units constructed, or less per year."
5. Amend Section 17.26.030, Definitions, by adding the definition of "T'hree Year
Period" as follows:
"Three year period -any three consecutive years, i.e., 1990, 1991, 1992 followed by
1991, 1992, 1993."
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Ord. 1839 N.C.S.
6. Amend Section 17.26.030.0, Definition of "Senior Housing" to read:
"O. Senior Housing. Any multiple-family attached housing units for rent with
City approved restrictions that limit tenancy such that at least one member of the
household is fifty-five years of age or older".
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
INTRODUCED and ordered Posted/Published this 7th day of January
1991
1991
ADOPTED this 2 2nd day of January by the following vote:
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: o
ordmuni /council-4
Ord. 1839 N.C.S.
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