HomeMy WebLinkAboutOrdinance 1720 N.C.S. 05/02/1988~~
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MAY 1 ~ 198
ORDINANCE NO. 1720 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Jack Cavanagh
John Balshaw
AN ORDINANCE AMENDING TITLE 17 OF THE
PETALUMA PdUNICIPAL CODE BY ESTABLISHING
CHAPT`EF. 17.32 AND ADOPTING AN INTERIM GROWTH MANAGEMENT
SYSTEM FOR CALENDAR YEAR 1988
WHEREAS, the City of Petaluma adopted a new General Plan which
establishes a growth management policy based on limiting residential
dwelling units rather than ~a specified yearly increase in population; and
WHEREAS, the City Council has directed staff to prepare a revised growth
management system that would implement the applicable growth management
policies adopted in the 1987-2005 Petaluma General Plan; and
WHEREAS, the creation of a revised growth management system will require
a transition period between the present system and the proposed revised
system in order to accommodate residential development projects ready to
proceed in calendar year 1988; and
WHEREAS, it is the intent of the City Council to adopt, by this ordinance,
an interim growth management system applicable to residential development
in calendar year 1988 effective only until such time as a complete revision
can be enacted and effective for calendar year 1989 and beyond;
NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma
as follows:
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Section 1. Title 17 of the Petaluma Municipal Code is hereby amended to
establish Chapter 17.32 which shall read as follows
"Chapter 17.32
Interim Growth Management System
For Residential Development In Calendar Year 1988
Sections
17.32.010
17.32.020
17.32,030
17,32.040
17.32.050
17.32.060
17.32.070
Fin ding s
Applicability
Allocation Application Procedure
Award of Allotments
Expiration of Allotments
Appeals to City Council
Sunset Provision
17.32.010 Findings.
In establishing an Interim Growth Management System for calendar year
1988, the City Council finds as follows:
1. An interim system for 1988 is needed to provide an orderly
transition from the provisions of the Residential Development
Control System to the proposed revision of the growth
management system to be adopted by the City in early 1988.
2. The interim Growth Management System is consistent with the
applicable policies of the 1987-2005 Petaluma General Plan related
to growth management.
3. The Interim Growth Management System is consistent with the
City of Petaluma's long-standing and. legally-tested commitment to
control the rate of certain types of residential development in the
community, while striving to satisfy it's fair share of regional
housing needs by exempting senior and lower income housing
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projects from the numerical growth limit established each year by
the City Council.
4. The Interim Growth Management System serves the public interest
anal. protects the public health, safety and welfare by
implementing residential growth parameters upon which future
planning for land use and major city facilities (such as city sewer
and water systems) are based.
5. The Housing Chapter of the 1987-2005 Petaluma General Plan has
been certified by the State Department of Housing and Community
Development based on the City's ability to satisfy regional
housing needs while maintaining its growth management system.
17.32,020 Applicability.
a. This chapter applies to all residential development projects on
parcels of more than five (5) acres or more or of greater than
fifteen (15) units which require allocations for calendar year 1988
only .
b. Allocations (or allotments - the two words are used here
interchangeably) are defined for the purpose of this Chapter as
the right, granted by the City Council, to make application for
and receive tentative map or other applicable City approval (in
the case of residential projects not requiring a land division)
in 1988 or, for specific projects, by the dates established in
Section 17.32.050; or to proceed in 1988 with construction of a
subsequent phase of a project with an already approved tentative
map or rezoning (for apartments) .
c. Senior housing projects (as defined as housing for persons 62
years old or older) or a "senior citizen housing development" (as
defined in Civil Code Section 51.3) and lower income housing
projects (as defined by the very low and low income standards
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set by the U.S. Department of Housing and Urban Development)
shall be exempt from the provisions of this Chapter.
d. Projects on parcels of less than five (5) acres or fifteen (15)
units or less shall be exempt from the allocation application
procedure as described in Section 17.32.030, below. However,
projects of this type, unless otherwise exempted as senior or
lower income housing, shall have its units counted as part of the
annual allocation established by the City Council. (A unit is
defined as a residential lot or dwelling unit created in accordance
with the Subdivision Map Act, or otherwise legally created, or a
residential unit in a project not requiring a land division. )
17.32.030 Allocation Application Procedure
a. Developers shall submit in writing, to the Community Development
and Planning Director, their request for allotments for calendar
year 1988 only. Only those requests received by 5:00 PM,
February 8, 1988 shall be considered for 1988 allocations.
b. If a letter of request is not received by February 8, 1988, a
project shall not qualify for allocations in 1988 and must then
follow the procedure established in the revised growth
management system that will supersede the interim system set
forth in this Chapter.
c. Reservations of allotments (i.e., the commitment of the City to
grant allotments in future years) shall not be permitted by this
Chapter. Requests for allocations in calendar year 1989 and
beyond shall be handled through the revised growth management
system to be adopted by the City subsequent to this Chapter.
17.32.040 Award of Allotments
a. The City Council may, for purposes of this Chapter only, allow
units allocated but unused in years 1986 and 1987 to be carried
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forward and added to the 1988 allocation pool so long as the three
year total does not exceed the General Plan three year limit of
1500 units. This shall give the Council a total pool of 592
allotments for 1988. "
b.
c.
d.
The City Council shall grant 1988 allocations in two stages.
1. In the first stage, to be accomplished at the earliest
available meeting following the February 8 deadline, the City
Council shall grant a total of 592 allocations. Included in
this total shall be 100 allotments to the Muirwood project, in
anticipation of the developer complying with the applicable
terms of the development agreement between the City and
Duffel Financial and Construction Corp.
2. The second stage of the allocation process shall occur in
September, 1988 if the City Council finds that the Muirwood
project has not complied with the terms and conditions of the
development agreement that govern the developer's exercise
of allotments granted for 1988. The 100 Muirwood allotments
shall be rescinded and redistributed by City Council
resolution .
The City Council shall grant allotments for 1988 by resolution.
No single project may request more than one-hundred (100)
allotments for the year.
e. The City Council shall allocate a
accommodate projects on parcels
fifteen (15) units or less (unless
lower income housing) . These
counted as part of the annual a]
for calendar year 1988.
17.32.050 Expiration of .Allotments:
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total of forty-five (45) units to
of less than five (5) acres or
otherwise exempted as senior or
forty-five (45) units shall be
location set by the City Council
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a. Projects receiving allotments in Stage 1 of the 1988 allocation
process must have an approved tentative map, final map (for
subsequent phase of a project with an approved tentative map},
or other applicable City approvals (for residential projects not
requiring a land division) on or before December 31, 1988 or 1988
allotments shall be forfeited.
b . Projects receiving allotments in Stage 2 of the 1988 allocation
process shall comply with the following deadlines or forfeit 1988
allotments
1. For subsequent phases of projects with an approved
tentative map, the developer must have final map approval
by December 31, 1989 for that portion of the project covered
by Stage 2 allotments.
2. Projects requiring tentative map approval to exercise their
1988 Stage 2 allotments must complete preliminary review and
have their applications for development approval deemed
complete by December 31, 1988. Tentative map approval
must be completed by December 31, 1989.
c. Any allotments forfeited as a result of the provisions of this
Interim Ordinance shall not be carried over and added to future
allocation pools.
17.32.060 Appeals to the City Council
An applicant may appeal to the City Council discretionary decisions of
the Planning Department made pursuant to this chapter by filing a
written notice of appeal with the City Clerk within ten days after the
notice of such decision has been mailed. The City Clerk shall place
the matter on the next agenda for a regular meeting or may continue
the matter at the applicant's request, at which time the Council will
hear the applicant or his representative and such other person or
persons as may wish to testify before the Council in the determination
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of the matter of an appeal. The Council may affirm or modify the
decision anal its decision shall be final and conclusive. "
17.32.070 Sunset Provision.
This Chapter shall automatically be repealed on January 1, 1990.
Section 2. The City Clerk is hereby directed to post this ordinance for the
period and in the manner required by the City Charter.
INTRODUCED AND ORDERED POSTED/PUBLISHED THIS 18th day of April,
1988.
ADOPTED this 2nd day of May 1988 by the following vote:
AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey,
Mayor Hilligoss
NOES: p
ABSENT: p
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Attest:
A
City Clerk
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