HomeMy WebLinkAboutOrdinance 1716 N.C.S. 03/21/1988•~ .,
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ORDINANCE NO. 1716 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Larry Tencer
Vice Mayor Woolsey
AN ORDINANCE AMENDING CHAPTER 17.26 OF THE PETALUMA
MUNICIPAL CODE BY ADOPTING A NEW GROWTH
MANAGEMENT SYSTEM FOR THE CITY OF PETALUMA.
WHEREAS, the City of Petaluma has adopted a new General Plan in 1987
that establishes a residential growth management policy based on managing
certain types of residential development by numbers of 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 City desires to have a growth management system that can
be easily administered by its staff, will effectively monitor residential
growth over time and will improve the efficiency of the development review
process;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Petaluma as follows:
Section 1. Chapter 17.26 of the Petaluma Municipal Code is hereby
amended, in its entirety to read as follows:
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"CHAPTER 17.26
Residential Growth Management System
Sections
17, 26.010 Legislative Intent
17.26.020 Findings
17.26.030 Definitions
17.26.040 General Provisions
17.26.050 Allocation Application Procedure
17.26.060 Award of Allotments
17.26.070 Development Application and Approval Procedure
17.26.080 Appeals
17.26.010 Legislative Intent
It is the intent of this growth management system to assure that residential
development, remains within the limits established by the Petaluma General
Plan as amended from time to time . It provides a mechanism for the City
Council to set growth-related development objectives including but not
limited to maintaining a reasonable ratio of Eastside to Westside growth,
encouraging infill and a mix of housing types, and assuring that essential
public facilities and services are properly matched to proposed development.
Furthermore, it is the intent of this chapter to improve the efficiency of
the development review process and establish tentative map approval, final
map approval (for subsequent project phases) or other appropriate
development approval (for residential projects not requiring a land division)
as the point at which allotments have been exercised.
17.26.020 Findings
A. This growth management system represents a refinement of and
not a departure from the City's long standing and legally-tested
growth management system, first adopted in 1972 and in
continuous operation since then.
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B . The residential allocation pool for non-exempt units established by
the 1987-2005 Petaluma General Plan and incorporated in this
ordinance - an average of 500 units allocated per year, no more
than 1, 000 units allocated in one year and no more than 1, 500
units allocated in three years - provides the flexibility to
modulate residential growth over time and prevent over-burdening
local services, while accommodating future residential development
at a rate consistent with historic trends .
C. The Growth Management System serves the public interest and
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) is based.
D . The Growth Management System is a key implementation measure
of the 1987-2005 General Plan and essential to attaining the
following General Plan Goals:
1. Preserve and strengthen the quality of life in Petaluma (Goal
2, Community Character) .
2. Maintain Petaluma as separate and distinct from nearby
communities (Goal 1, Land Use and Growth Management) .
3. Preserve existing open space lands outside of Petaluma but
within the Petaluma Planning Referral Area (Goal 3,
Conservation, Open Space and Energy) .
4. Preserve and protect agricultural use on lands surrounding
Petaluma in the Petaluma Planning Referral Area (Goal 4,
Conservation, Open Space and Energy) .
E. The Growth Management System will not prevent the City from
attaining its regional fair share of housing needs as determined
by the Association of Bay Area Governments (ABAG) because the
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system permits exemptions for senior housing and very low/low
income housing developments.
F. 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.
17.26.030 Definitions
A. Allocation - The right, granted by the City Council, to make
application for tentative map, final map (for subsequent project
phases) or other City development approvals (in the case of
residential projects not requiring a land division) . An Allocation
is not a guarantee of receiving approval for the requested number
of lots or units. The actual number of lots or units approved
shall be determined by the Planning Commission and City Council
through the development review process .
B. Allotment -see "Allocation". For purposes of this ordinance, the
terms Allotment and Allocation are used interchangeably.
C. Annual Allocation Pool - The numerical total of allocations as set
by the City Council and available for distribution to qualifying
projects in a given year.
D. Application, Complete - A determination made by the Planning
Director or his/her designee that all of the required information
submitted by an applicant for a development project is correct
and ready for processing. For projects requiring an
environmental determination (Negative Declaration, focused
studies, an environmental impact report) , an application will not
be deemed complete until sufficient information has been provided
by the applicant for the City, as lead agency, to make a
determination of the extent of the environmental review.
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E. Application, Development - All information required of the
applicant in order to initiate the development review process .
F. Development Objective - A statement, made annually by the City
Council, expressing desired future conditions that apply to
residential development in the City. Development objectives are
not binding on a specific project or projects; however, the City
Council will consider a project's efforts to meet the development
objectives when granting allotments in years when the demand for
allocations exceeds the annual allocation pool. It is the intent of
the City Council that projects which, in the opinion of the
Council, sufficiently satisfy one or more Development Objectives
may be given all of its allotments while other projects may only
receive a percentage of its allotment request.
G. Development Review Process -All of the various steps required to
receive City approval for a development project . For purposes of
this Chapter, the development review process shall include all
steps leading up to and including the approval of a tentative map
by the City Council; approval of a rezoning by the City Council
(for residential projects not requiring a land division) ; or SPARC
approval (for residential projects not requiring a land division or
rezoning) . It also includes all steps leading up to and including
certification of any environmental documents. For projects that
must be phased to comply with the provisions of this Chapter,
the. Development Review process shall also mean all steps leading
up to and including final map approval by the City Council, or
the issuance of building permits by the Chief Building Official
(for residential projects not requiring a land division) .
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
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City Council. The second type, which applies to projects on less
than 5 acres or 15 units or less, are exempt from the application
procedure for an allocation; however, these units are counted as
part of the annual allocation pool established by the City Council.
I, General Plan -The 1987-2005 Petaluma General Plan as amended.
J. Low Income Housing - Housing affordable to those households
meeting the low income standards as defined by the U.S,
Department of Housing and Urban Development. A low income
household has an annual income of no more than 80 percent of the
Sonoma County median household income by household size,
K. Lower Income Housing - Generally referring to housing for some
combination of low and very low income households .
L, Notice of Intent to Develop - A form required to be completed by
an applicant seeking allocations for a given year.
M, Preliminary Review - A procedure, required of all projects subject
to this ordinance, whereby the Planning Department reviews and
evaluates the project prior to the filing of a development
application . The intent of preliminary review is to provide the
applicant with an assessment of potential areas of concern about
the project, applicable conditions of approval and an opportunity
to discuss these with city staff before an application is filed.
N . Reservation - The commitment of the City Council to grant future
allocations. Reservations are intended to provide the applicant
with a measure of certainty that allotments will be available for a
subsequent project phase. An applicant may only request and
the Council approve reservations for the year immediately
following the calendar year for which allotments are requested.
The total number of reservations shall be subtracted from the
number of allocations in the same category available for the year
for which the reservations are made.
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O. Senior Housing - Any project exclusively for persons 62 years or
older or a senior citizen housing development as defined by
Section 51.3 of the Civil Code.
P. SPARC -The Site Plan and Architectural Review Committee of the
City of Petaluma.
Q . Supplementary Allocation - An additional procedure by which
applicants may request allocations if it is determined by the City
Council that there is sufficient capacity remaining in the annual
allocation pool after allocations have been initially granted to all
applicable projects.
R. Unit - 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.
S. Very Low Income Housing - Housing affordable to those
households meeting the very low income standards as defined by
the U.S. Department of Housing and Urban Development. Very
low income households are those earning less than 50 percent of
the. Sonoma County median household income by household size.
17.2b.040 General Provisions
A. This Chapter applies to all residential development projects on
parcels of more than five (5) acres or having more than fifteen
(15) units .
B . Senior housing projects and lower income housing projects shall
be exempt from the provisions of this Chapter.
C. 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 17.26.050, below. However,
projects of this type, unless otherwise exempted as senior or
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lower income housing, shall have their units counted as part of
the annual allocation established by the City Council.
D . Projects on less than five (5) acres of land which have more than
fifteen (15) units shall be phased so no more than fifteen units
may be built in a given year.
E. An applicant may not request allocations for more than
one-hundred (100) units for a single project or project phase for
a given year unless the City Council authorizes the additional
allocations by means of a Development Agreement.
F. Reservations for allotments in a given year shall be limited to a
total of 250 units for all projects.
G. Applications for development approval (either tentative map or
other applicable approval for residential projects not requiring a
land division) may be submitted for an entire project, even if it
exceeds one hundred (100) units. However, the City shall
require a project to be phased so that no single phase shall
exceed the allocation limit set forth in Section 17.26.040 (E) ,
above; nor shall any single phase exceed the number of allotments
granted to that project for a given year. When phasing of a
project is required in order to satisfy the provisions of this
Chapter, one or more of the following shall apply:
1. Approval of the tentative map or other applicable approval
for residential projects not requiring a land division shall
constitute the point at which allocations for the first phase
of the project have been exercised.
2. For subsequent phases of a project with an approved
tentative map, final map approval shall be the point at which
allocations have been exercised. Each final map application
must conform to the number of allocations granted in a given
year.
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3. For subsequent phases of an approved residential project not
requiring a land division, issuance of building permits shall
be the point at which allocations have been exercised.
Building permits shall only be issued for that number of
units equal to the number of allocations granted in a given
year.
H. The Planning Department shall develop and maintain as current a
"user's guide" to the requirements set forth in this Chapter.
Said guide shall be made available to all interested persons and,
especially, to those with applicable projects. The City Council
shall adopt and amend the guide by Resolution .
17.26.050 Allocation Application Procedure
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.
2. Development objectives are intended as an indication to the
development community of the City's expectations fora given
year and may include, but are not limited to issues such as
housing mix (types and affordability) ; East/West development
ratio; needed public facilities; infrastructure improvements;
and infill areas where development might be encouraged.
3. Development objectives will be based on assessment of future
residential development as provided by General Plan policy,
service capacities (including traffic considerations), capital
improvement plan recommendations, City Council goals, past
development history, environmental constraints and other
pertinent data.
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B . Notice of Intent to Develop
1. In January of each year (following the Council establishing
development objectives) , the Community Development and
Planning Department shall make available "Notice of Intent to
Develop" forms. Said forms will be sent to all known local
developers, and the availability of the forms will be
advertised to other potential developers through Bay Area
housing and development newsletters and other means of
outreach, The forms will be accompanied by a narrative
describing the Council's development objectives and shall
serve as the vehicle by which allocations are requested for a
given year.
2. Notice of Intent to Develop forms shall be required for each
residential project subject to the Growth Ddanagement System
and seeking development approval in the calendar year
specified on the form. Developers intending to apply for
more than one project must complete a separate form for
each; applications for development approval will not be
accepted unless a Notice has been returned to the Community
.Development and Planning Department within the designated
time period,
3. Completed Notice of Intent To Develop forms must be
returned to the Community Development and Planning
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) .
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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. any other information considered pertinent by the
Planning Director.
In addition, developers will be asked to provide a two-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.
4. Applicants requesting allotments or reservations for
subsequent phases of already approved projects need only
return the Notice of Intent to Develop form with the
allocation and/or reservation request portion completed, as
long as the project phase for which allocations are being
requested is substantially similar to that described in the
initial Notice form .for the project. At any time, however,
the Planning Director may require that additional information
be included on the subsequent Notice forms.
5. The number of allocations or reservations requested on the
.Notice of Intent to Develop form should not be construed as
a guarantee that the applicant will either receive that
number of allotments from the City Council or that the
project will be approved for that number of units.
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17.26.060 Award of Allotments
A. By April 15 of each year, the City Council shall meet to set the
annual 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 shall be based upon,
but may be 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 fall within the limits set by the
General Plan: an average of 500 units per year, no more than
1000 units in any one year, and no more than 1500 units over
three consecutive years.
B . In the event anticipated development fora 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 succeeding
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.
2. It may choose to grant allocations only for a specified
percentage of the project units requested. This percentage
will apply to projects intending to develop in the calendar
year in question and shall be set by the City Council based
on a project's ability to satisfy the City's development
objectives. Percentages, therefore, may vary from project
to project, but shall be set so all eligible projects may
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proceed within the established number of allocations . Units
not receiving allocations as a result of the Council's decision
are not automatically approved for the next year, but must
be re-applied for through the Notice of Intent to Develop
process and considered in light of that year's available
allocations and development objectives .
C. The City Council may annually borrow from future years allotment
capacity, a minimum of forty-five (45) units per year to
accommodate projects on parcels of less than five (5) acres or
fifteen (15) units or less (unless otherwise exempted as senior or
lower income housing) . These forty-.five (45) units shall be
added to the annual allocation pool set by the City Council. The
number of units borrowed for projects of this type may be
annually adjusted higher by the City Council based on information
provided by the Planning Department.
D. Should allocation requests fall short of available annual
allocations, the City Council may determine that a supplementary
allocation can be made. In making that determination, the Council
shall direct staff to send out Notice of Intent to Develop forms
immediately, to be returned by prospective developers by May 15.
The supplementary allocation will be made by May 31 or the
earliest available Council meeting .
E. The City Council shall grant allocations and reservations by
Resolution .
F. Any portion of the annual allocation pool left unallocated (i.e.,
allocations not granted to specific projects through either the
primary allocation process or the supplementary allocation
process) shall not be carried over and added to the total
allocations available in the next succeeding calendar year.
G . Should any project with allotments fail to either have its
application deemed complete or achieve the necessary approvals
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within the time frames set forth in Section 17.26.070(F) and (G),
those allotments shall be forfeited and will be returned to the
pool of available allotments for the next allocation period.
H. Allotments borrowed to accommodate projects of five (5) acres or
less or fifteen (15) units or less but left unallocated will be
returned to the pool of available allotments for the next allocation
period .
17.26.070 Development Application and Approval Process
A. All residential projects not exempted from the growth management
system shall apply for and complete a preliminary review process;
preliminary review will be done by the Planning Department.
B . Preliminary review includes analysis of : compliance with applicable
provisions of General Plan and Zoning Ordinance, site
compatibility, potential environmental impacts, and ability to
satisfy established development objectives.
C. The developer shall submit the following material as application
for preliminary review: environmental impact questionnaire; site
plan showing lot sizes, layout, street pattern and public. facilities
and improvements; project phasing; typical floor plans and
architecture; and any other data considered pertinent by the
Planning Director.
D. Preliminary review applications will be accepted by the City any
time .
E. At the completion of preliminary review, the developer will receive
written notification to proceed with application for development
approval (tentative map, rezoning, design review, etc.) and a
determination as to the extent of environmental review required.
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F. All projects subject to the growth management system must have a
complete application by December 31 of the calendar year
preceding the year for which allocations have been granted or
said allocations shall be forfeited.
G. Once an application has been deemed complete, a project must
complete the development review process and certification of any
environmental documents on or before December 31 of the year for
which the allotments have been granted or said allotments shall be
forfeited .
H . For subsequent phases of a project with an approved tentative
map, final map approval must be completed (i.e., approved by
resolution of the City Council) on or before December 31 of the
year for which allotments have been granted or said allotments
shall be forfeited.
I. For subsequent phases of a residential project not requiring a
land division, building permits must be issued on or before
December 31 of the year for which allotments have been granted
or said allotments shall be forfeited.
J. At its earliest available meeting in November of each year,
commencing in 1989, the City Council shall review the status of
projects with allocations for that year. The City Council may, at
its discretion, and with appropriate findings, extend the
December 31 deadline for project approval and forfeiture of
allotments .
K. Projects completing the development review process within the
appropriate time frame set forth above shall be considered by the
City to have exercised their allotments for that year.
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1.7.26.080 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 fourteen calendar days of the
decision. The City Clerk shall place the matter on an agenda for a regular
meeting within two regularly scheduled meetings, at which time the Council
will hear the applicant or his/her representative and such other person or
persons as may wish to testify before the Council in the determination of
the matter of an appeal. The Council may affirm or modify the decision and
its decision shall be final and conclusive.
Section 2. Statutory Severability. If any section, subsection, sentence,
clause or phrase of this Chapter is, for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such a
decision shall not affect the validity of the remaining portions of the
Chapter .
Section 3, 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 16th day of
February ~ 1988• Reintroduced this 7th day of March., 1988.
ADOPTED this 21st day of March _ _, 1988 by the following vote:
AYES: Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey
NOES: 0
.ABSENT: Sobel, Mayor Hilligoss
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Attest:
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City Clerk
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